Directors' fear of derivative liability and occupational health and safety laws

Article


Byrne, Mark. 2011. "Directors' fear of derivative liability and occupational health and safety laws." Company and Securities Law Journal. 29 (4), pp. 213-231.
Article Title

Directors' fear of derivative liability and occupational health and safety laws

ERA Journal ID33209
Article CategoryArticle
Authors
AuthorByrne, Mark
Journal TitleCompany and Securities Law Journal
Journal Citation29 (4), pp. 213-231
Number of Pages19
Year2011
Place of PublicationSydney, Australia
ISSN0729-2775
Web Address (URL)http://www.thomsonreuters.com.au/catalogue/productdetails.asp?id=829
Abstract

The question of when directors should bear personal liability for their role in the conduct of a corporation has always been controversial. Significantly,however, it is now clear that directors themselves perceive that this risk of personal liability is having a profound negative effect on both their desire to act in the role and the performance of their companies. While the risk takes various forms, directors have identified that they are most fearful of derivative liability such as is present in occupational health and safety laws. The purpose of this article is to review this particular area of concern and evaluate this perception against prosecutions and an analysis of the relevant cases.

Keywordsdirectors; personal liability; derivative liability
ANZSRC Field of Research 2020480103. Corporations and associations law
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Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
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