Insight

Shareholder AGM activism gone wrong

With ESG-related shareholder activism is on the rise, we consider what Australian listed companies and Boards should do ahead of the next AGM season.

29 June 2022

Insight

Cybersecurity obligations arising out of ASIC v RI Advice Group Pty Ltd [2022] FCA 496

Directors and officers of corporations that hold Australian Financial Services Licences, may be at risk of personal liability if the licensee contravenes the Act as a result of having inadequate cybersecurity or cyber resilience.

29 June 2022

Insight

A question of formality: distinguishing formal & informal board meetings

In recent public inquiries and regulatory investigations, questions have been raised around the practices of boards holding informal meetings or other briefings. Directors, and in particular Chairs should be clear on the requirements.

29 June 2022

Insight

Beware of giving benefits to the trustees

Section 249E “makes it a crime for a trustee to receive or to solicit a benefit from a person as an inducement or reward for the appointment of any other person to be a person entrusted with the property without the consent of either each person beneficially entitled to the property or of the Supreme Court.”

29 June 2022

Insight

Update on Director Identification Numbers (DIN)

Following recent amendments to the Corporations Act - company directors appointed from 5 April 2022 must apply for a DIN prior to appointment. Persons who were directors of companies prior to 1 November 2021 must apply for a DIN prior to 30 November 2022. It is a criminal offence if an application for a DIN is not made on time.

29 June 2022