Section 249E corrupt benefits for trustees and others – Standing in the way of super fund mergers?

On 23 March 2022, in BT Funds Management Limited (ACN 002 916 458) as trustee for the Retirement Wrap Superannuation Fund the Court made orders giving its consent to certain conduct engaged in or proposed to be engaged in by the plaintiff, BT Funds Management Limited (ACN 002 916 458) (BTFM/Trustee) as trustee for the […]

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Was there a foreseeable risk of harm? Supreme Court of Western Australia finds directors were in breach of their statutory and common law directors’ and officers’ duties

Defendants to a proceeding related to a breach of an Asset Sale Agreement, successfully joined directors to the action by way of a third party notice, seeking damages for liability incurred where those directors had breached their directors obligations to discharge their duties with due care and diligence (Section 180(1) of the Corporations Act 2001 (Cth)). […]

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Security Legislation Amendment (Critical Infrastructure) Act 2021

Executive Summary The recently released Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) (SOCI Act) has amended the Security of Critical Infrastructure Act 2018 (Cth) with a view to further managing the complex and evolving national security risks of sabotage, espionage and coercion posed by foreign involvement in Australia’s critical infrastructure. The amended SOCI legislation […]

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