Australia: Directors and Officers

The Federal Court's decision in ASIC v Bekier & Ors examines when company directors breach their duty of care and diligence under the Corporations Act, particularly when red flags emerge in high-risk industries. The case clarifies the boundaries between permissible reliance on management and the duty to actively investigate warning signs, with significant implications for both executive and non-executive directors navigating anti-money laundering risks and corporate governance obligations.

Most Boards are now grappling with AI as a matter of enterprise risk and strategy. AI poses risks and opportunities that will differ between company and industry, all of which require understanding and engagement from the Board.

The impact of the judgment is that, subject to any appeal, Dexus will be forced to sell its A$4.5 billion stake in Melbourne Airport to the other shareholders

Board minutes were once regarded as little more than a routine corporate record. In modern governance practice they perform a far more consequential role. Minutes are not just a record of what was said, but a record of how the board discharged its function.

The statistics for takeover bids for 2025 show a very high success rate. We calculate that 82% of completed bids led to a change of control.

For decades, chairing an ASX200 company has represented the summit of Australian corporate leadership. It has long been viewed as a role reserved for the nation’s most trusted and influential directors.

In what has been a relatively quiet period for Australian public markets, it was heartening when the Australian Securities and Investments Commission ("ASIC") released its discussion paper...

What is a DPN? Types of DPNs. Why are they on the rise? What directors should know.

Director-related transactions remain under close scrutiny to ensure that the terms of such transactions are fair and provide a clear commercial benefit to the impacted company.