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Rachel LaundersPartner
Gilbert & Tobin Lawyers![]()
Rachel Launders is a Partner in the Corporate Transactions Group at Gilbert + Tobin in Sydney, Australia, where she specializes in mergers and acquisitions (M&A). Specifically, Ms. Launders advises on and structures privatizations, joint ventures, business...
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ASIC v. James Hardie - the spotlight on company directors and senior management
June 2, 2009
James Hardie proceedings | www.asic.gov.au
Directors in Australian listed companies may be nervous about the duty of care which they owe to the company, following the decision in ASIC v. James Hardie (April 2009). The Court found that they have a duty to avoid exposing the company to risk of harm to reputation or legal claims. Senior executives, including the General Counsel, also came under the spotlight, being found in breach of their duties for failing to warn the board of the risks which the company was being exposed to. The case is also a reminder that companies need to take particular care with public announcements - the desire to promote the good news cannot overtake the need for an announcement which is balanced, objective, complete and accurate.