The convergence/divergence debate at the turn of this decade was often underpinned by the assumption of a unified and cohesive common law governance model, which would (or, for path dependence theorists, would not) form the point of convergence of corporate governance regimes around the...

Like the US, Australia has in recent times experienced a number of dramatic corporate collapses, such as HIH and One.Tel, in which executive remuneration appears as an interesting subtext. While there has been a tendency to view executive remuneration as a specialized topic, its connection to...

Corporate governance has become a commercial mantra, yet there exists a tension between competing visions of its primary goal. While early developments in corporate governance tended to focus on an accountability rationale, during the 1990s there was a significant shift toward an efficiency...

Historically, the evolution and growth of American corporate law has occurred with only limited and sporadic attention to international corporate governance regimes. This article considers some possible reasons for the relative lack of attention in the United States to international corporate...

The emergence of institutional investors as shareholders has challenged, and rendered outmoded, many of the traditional assumptions about shareholders and their engagement with the corporation. There has been considerable interest in, and reassessment of, the position of institutional investors...

In 2000, the basic regulatory structure of Australian takeover law was radically altered, when the role of arbiter of takeover disputes was shifted from the courts to a specialist commercial body, the Takeovers Panel. In an early decision in 2001, Pinnacle No 8 (discussed in Hill and Kriewaldt,...

One of the perennial questions in corporate law is how much deference should be given to directors' judgments. The introduction of a statutory business judgment rule in Australia in 2000 was designed to bolster the autonomy and discretion of the board. At the same time, however, an intriguing...

This article, originally prepared as a Research Paper for Australian institutional investors (Australian Investment Managers' Association Research Paper #1/96), outlines a range of issues in contemporary debate on director and executive compensation, with particular focus on the importance of...