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1 Found helpful • 73 Pages • Complete Study Notes • Year: Pre-2021
Topics include directors' duties, Remedies (Wk 7-12) 1. Who is our client? Company, ASIC, Member, Creditor? 2. What do they want? Money, property transfer, stop order (injunction), company change etc 3. Is the person a director or other officer? If not, see ss182, 183 (for employees) and/or accessorial liability (eg 181(2)) 4. If they are-what are they doing/not doing? Not doing a good enough job (duty of care) Not acting properly (fiduciary and other equitable duties) Insolvency situations (s588G, s181-duty to consider creditors) 5. Apply the relevant cause of action that will allow that remedy (check for standing rules and sufficient evidence) 6. Are there defences or relief provisions that may apply?
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