Company Law

Further refinements for the minority buy-out regime
In May 2008 the Commerce Select Committee reported back on the Companies (Minority Buy-out Rights) Amendment Bill 2007, which sets out to improve the efficiency and effectiveness of the Companies Act's minority buy-out regime. As expected, the Committee has recommended further modifications to the Bill, although some may see its recommendations as falling short on certain aspects of the buy-out regime. In this article, solicitor Jennifer Coote outlines the Committee's key proposed amendments to the Bill.

Directors' duties: factors to weigh up before making business decisions
It is inevitable that a director's business decisions and practices will be scrutinised closely by a company's shareholders, liquidators and aggrieved creditors in the event of a company's insolvency. In this article, senior associate Graeme Switzer and solicitor Sukhdeep Johal analyse two recent High Court cases to illustrate the standards applied to, and types of actions required from, directors wanting to avoid the possibility of being ordered to dig into their own pockets to repay an insolvent company's debts.

Enquiries and information

For more information on any of the cases, articles and features in Commercial Quarterly, please email Diane Graham or call her on 64 9 916 8849.