Current

    Law firm King & Wood Mallesons (KWM) publishes a yearly summary of judgments and proceedings against directors in Australia. The latest version is a digest of these cases from 2023, which shows that ASIC is continuing to prosecute directors for breaches of the Corporations Act. An upcoming AICD webinar will look at key judgments and proceedings instigated against directors. Register now for Judgments and proceedings against directors in 2023.


    In 2023, ASIC continued to take a “stepping stones” approach to cases involving breaches of directors’ duties, according to a review conducted by King & Wood Mallesons.

    This approach involved ASIC first seeking to prove that the relevant company had breached its legal obligations, then ASIC arguing that a director breached their duties under the Corporations Act 2001, often the duty of care and diligence under section 180, by failing to prevent the relevant company from breaching its legal obligations when a breach was reasonably foreseeable.

    In the latest yearly summary of key cases published by the law firm, KWM provides a summary of key judgments and proceedings against directors in Australian courts and tribunals in 2023. Download the publication here.

    The publication summarises court judgments and proceedings instigated by the Australian Securities and Investments Commission (ASIC) as well as private litigants, workplace health and safety proceedings and environmental proceedings.

    AICD webinar: Judgments and proceedings against directors in 2023

    Join our AICD webinar on 25 September as we delve into developments in breaches of directors' duties in 2023 and the resulting penalties for non-compliance. This is an opportunity for you to enhance your understanding of the landscape surrounding directors' duties and the potential ramifications of non-compliance.

    Tim Bednall, Head of Governance practice at King & Wood Mallesons and panel will analyse key judgments and proceedings against directors in Australian courts and tribunals in 2023, including proceedings instigated by ASIC as well as private litigants.

    Latest news

    This is of of your complimentary pieces of content

    This is exclusive content.

    You have reached your limit for guest contents. The content you are trying to access is exclusive for AICD members. Please become a member for unlimited access.