Responsibility and liability of directors to the companyby Fiverr Tutors
Responsibility and liability of directors to the company
“It can be argued that the distinct trend over many years has been the development, in statute and in cases before the courts, of laws and decisions which impose an increasingly heavy burden on directors in the performance of their duties and obligations to the company. As a result, directors who fail to observe these duties and obligations will be exposed to significant liabilities and penalties.”
Reflect on the above statement and then, discuss the nature and extent of this responsibility and liability of directors to the company. Your discussion should include a critical analysis of the nature, application and effectiveness of the range of duties of directors under the Corporations Act. In addition, you may also give some consideration to the relevant duties of directors at common law, by way of background and critical comparison. As it requires an analytical approach, you should extend your discussion well beyond a mere description of the principles.
You should use section numbers and case authorities to support your arguments, and if possible illustrate with examples of contemporary cases before the courts. You should use a range of secondary authorities (books and articles)