The regulation of company directors remains a topical issue in Australia. Concern has been raised that all too often direct liability is being imposed on company directors as a first option. Over-regulation has the potential to stifle entrepreneurial risk taking at a time of great economic...

The statutory business judgment rule was introduced in Australia in 2000 after a lengthy process of consultation and debate. The rule was aimed at alleviating fears that directors may have that their commercial decisions made in good faith and for the benefit of the company would be subject to...