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Part A
A director has a duty to exercise care, skill and diligence at common law and also a statutory duty of care and diligence under s180 (1) Corporations Act 2001 (Cth) in carrying out their duties to the company they are director of. Discuss the key elements of establishing that a director has breached both this common law and statutory duty.
Part B
Consider the position of a shareholder who has become increasingly concerned that the directors of the company have diverted business (and therefore profit) away from the company. What legal options does the shareholder have in trying to make the directors stop doing this? In your answer please clearly discuss the applicable law and explain why you believe it is appropriate.
SECURED CREDITORS: A secured creditor may: (a) realize his security and prove as an unsecured creditor for the balance (if any) of his debt; (b)value the security and prov
Jerry contracted with Sally to purchase Sally’s Restaurant for $50,000ion #Minimum 100 words accepted#
Requisites of Acceptance - Rules Relating To Acceptance Section number S.17 (2) provides like an acceptance is invalid unless since it complies with the following conditions:
Assets and liabilities of the company: Within 14 days of the making of the order for winding up a statement of affairs must be delivered to the liquidator (Official Receiver)
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Dissolution by the Court Conversely Section 39 of the Act prescribes the state of affairs that the court will decree the compulsory dissolution about a partnership. They are: li
Mr. Gomez a former managing partner of the Grant Thornton accounting firm, is currently serving first half of a 12- year prison term. In 1986, 39 year old Gomez pleaded guilty t
What are the international policies - Policy process In international policy, (politics) each state is part of a system and each is the guardian of its own security and indep
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