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
Public Notes

Files associated with this item cannot be displayed due to copyright restrictions.

Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q0w3w/directors-fear-of-derivative-liability-and-occupational-health-and-safety-laws

  • 1975
    total views
  • 7
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

How do we assess the risk of personal liability for directors arising out of tortious acts?
Byrne, Mark. 2017. "How do we assess the risk of personal liability for directors arising out of tortious acts?" Australian Journal of Corporate Law. 32, pp. 351-367.
Directors and owners of small corporate enterprises: managing legal risk
Byrne, Mark. 2003. "Directors and owners of small corporate enterprises: managing legal risk." 48th ICSB World Conference. Belfast, Ireland 15 - 18 Jun 2003 Washington, USA.
The Queensland solicitors' conveyancing reservation: past and future development - part II
Byrne, Mark and Mortensen, Reid. 2010. "The Queensland solicitors' conveyancing reservation: past and future development - part II." University of Queensland Law Journal. 29 (2), pp. 245-261.
The Queensland solicitors' conveyancing reservation: past and future development - part I
Byrne, Mark and Mortensen, Reid. 2009. "The Queensland solicitors' conveyancing reservation: past and future development - part I." University of Queensland Law Journal. 28 (2), pp. 251-272.
Restitution and equity: a comparison of principle
Byrne, Mark. 2009. Restitution and equity: a comparison of principle. Saarbrucken, Germany. VDM Verlag Dr. Muller.
No liability companies
Byrne, Mark. 2005. "No liability companies." Halsbury's Laws of Australia. Chatswood, NSW, Australia. LexisNexis Butterworths.
Officers (Chapter 2)
Byrne, Mark. 2005. "Officers (Chapter 2)." Halsbury's Laws of Australia. Chatswood, NSW, Australia. LexisNexis Butterworths.
Foreign corporations (Chapter 7)
Byrne, Mark. 2005. "Foreign corporations (Chapter 7)." Halsbury's Laws of Australia. Chatswood, NSW, Australia. LexisNexis Butterworths.
Directors to hide from a sea of liabilities in a new safe harbour
Byrne, Mark. 2008. "Directors to hide from a sea of liabilities in a new safe harbour." Australian Journal of Corporate Law. 22 (3), pp. 255-274.
Do directors need better statutory protection when acting on the advice of others?
Byrne, Mark. 2008. "Do directors need better statutory protection when acting on the advice of others?" Australian Journal of Corporate Law. 21 (3), pp. 238-257.
The duties and liabilities of persons below board level
Byrne, Mark. 2006. "The duties and liabilities of persons below board level." Canberra Law Review. 9 (Special edition), pp. 45-64.