Giving the articles of association their legal effect: some interesting comments from the High Court of Australia

Article Abstract:

The High Court of Australia found in Bailey v. NSW Medical Defence Fund Ltd. that a union's articles of association created special contracts between the union and each of the members that could not be amended unilaterally. The estate of Dr. Bailey was defending a malpractice claim, and it requested indemnity from the union as had been required under the articles of association. The court found the articles to constitute special contracts by noting that they were not limited to statutory language.

Cases, Indemnity against liability, Liability indemnity, Articles of incorporation

---

The NRMA case on appeal - some interesting observations

Article Abstract:

The Australian Full Federal Court, in hearing the appeal in Fraser v. NRMA Holdings, has addressed the issues of corporate control and the duty of disclosure. The standard for disclosure applied by the court focused on the materiality of the information considered for disclosure in determining whether the information was deceptive or misleading. The Full Federal Court reversed the lower court in finding that the defendants had practical control even though they did not have legal control.

Disclosure (Securities law), Proxy

---

CLERP - two steps backward and one step forward

Article Abstract:

The Australian Parliament tabled proposed legislation for a Company Law Economic Reform Program in July 1998. The legislation was suppose to enhance Australia's commercial and corporate law and improve international competition for Australian companies. The draft was innovative for forward-looking, but fell short in some areas, including the powers of corporate directors.

Political aspects, Commercial law, Corporation law

Similar abstracts:

• Abstracts: To handle the overload, create a national court. Justice benefits from self-analysis. Splitting 9th Circuit needs more thought
• Abstracts: Educating small firms on legal technologies. Supporting firms that strive to donate services. Addressing implications of digital signatures
• Abstracts: Applying adequate protection payments from postpetition rents: do they reduce the debt? Local bankruptcy court rules and procedures: needed relief for the national practitioner
• Abstracts: An evaluation of section 232(4) of the Corporations Law and the directors' duty of due care, skill and diligence

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.