This article reports the results of an extensive survey of charity trustees in England and Wales in relation to governance duties and conflicts of interest. The results help discern trustees’ understanding of, and confidence with, their governance duties, their enthusiasm for practical...

Effective protection for investors in managed investment schemes appears to be difficult and, at times, lacking. As part of this search for protection an issue arises as to the responsibility and liability of directors and officers of the responsible entity where the responsible entity breaches...

The debate surrounding the interaction between directors' duties and stakeholder interests has traditionally centred around the duty to act in good faith in the interests of the company. However, stakeholder interests are becoming increasingly relevant in relation to the duty of care. This was...

A series of scandals in the financial services sector over the past twelve years has inspired concerted legislative action to protect customer interests. The Future of Financial Advice, Stronger Super, Protecting Consumers and Member Outcomes initiatives have each sought to reform the duties of...

The international dimensions of charity law – and the insights that can be gained from the experience and perspective of other jurisdictions – cannot be underestimated. This introduction to a new innovative collection identifies key challenges and tensions in charity governance and...

There is increasing recognition of the need to evaluate and reconsider the future of the corporate form, particularly in the context of purpose-based endeavours. This article proposes that the Federal Government consider, and consult on, the introduction of a specialist legal structure for...

This article reports the results of an extensive survey of persons who govern charitable entities in Australia and in England & Wales in relation to governance duties and conflicts of interest. The results help discern respondents’ understanding of, and confidence with, their governance...

This article probes the apparent incoherence created by the fact that breach of the statutory directors’ duties in the Corporations Act 2001 (Cth) cannot be ratified or authorised by shareholders. This was recently affirmed by the Full Federal Court in Cassimatis v Australian Securities and...

This article specifically addresses the theme of revitalisation of Australian law in the facilitation of purpose-based companies. It is the second of two articles on purpose-based governance in the charitable and for-profit spheres. Building on the first article, this article critically analyses...

The permissibility of corporations pursuing purposes other than profit has been the subject of debate for a number of years. This debate has intensified recently with proposals to allow or mandate the adoption of purposes by corporations. At the same time, purpose is central to governance in the...