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Protecting your Position – Laws imposing personal liability on Directors and Offices

In Australia today there are more than 530 statutes at federal, state and territory level that impose personal liability on company directors and officers for the actions of their companies. These are in addition to duties imposed by the Corporations Act.

The Protecting your Position (PYP) series of books provide a detailed overview of the laws that impact on directors and corporate officers in various jurisdictions. They are authored by Bruce Cowley one of Australia's leading corporate lawyers and an acknowledged commentator on corporate governance issues.

Many provisions impose strict liability, rendering directors and officers automatically liable if the corporation commits an offence. Consequently, the usual onus of proof in criminal proceedings is reversed, and the defendant must establish a valid statutory defence to escape liability. The review of the legislation in each publication also examines the available defences to avoid liability.

Editions are specific to each State or Territory, with the following jurisdictions currently available:

  • New South Wales (August 2007)
  • Northern Territory (August 2008)
  • Queensland (August 2007)
  • Queensland - Public Sector (August 2008)
  • South Australia (August 2008)
  • Western Australia (August 2008)

Additionally, editions specific to Victoria and Tasmania are currently in production and due for release in October/November 2008.

For copies of the current publications, or to pre-register your interest in upcoming editions, please complete a registration form.

© Minter Ellison 2008