How do we assess the risk of personal liability for directors arising out of tortious acts?

Article


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.
Article Title

How do we assess the risk of personal liability for directors arising out of tortious acts?

ERA Journal ID37186
Article CategoryArticle
Authors
AuthorByrne, Mark
Journal TitleAustralian Journal of Corporate Law
Journal Citation32, pp. 351-367
Number of Pages17
Year2017
Place of PublicationAustralia
ISSN1037-4124
Web Address (URL)https://www.lexisnexis.com.au/en/products-and-services/lexisnexis-journals/australian-journal-of-corporate-law
Abstract

This is well-recognised as a confusing area of the law. This question is still unsettled today even though the first test which attempted to resolve the
matter was introduced in 1924. Further tests have developed and a great deal of scrutiny has been given to them all as alternatives to a solution. This article attempts to summarise the origins of the law and then follow its
progress in order to propose a way forward that may provide the certainty and predictability that directors must crave to properly assess their personal risk. It will be argued that all tests should not have to stand alone but contribute to a scale of analysis that will find a director either a primary or joint tortfeasor.

ANZSRC Field of Research 2020480103. Corporations and associations law
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author.

Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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