Removal of company directors in a climate of corporate collapses

du Plessis, Jean and McConvill, James 2003, Removal of company directors in a climate of corporate collapses, Australian business law review, vol. 31, no. 4, pp. 251-264.

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Title Removal of company directors in a climate of corporate collapses
Author(s) du Plessis, JeanORCID iD for du Plessis, Jean
McConvill, James
Journal name Australian business law review
Volume number 31
Issue number 4
Start page 251
End page 264
Publisher Lawbook Co
Place of publication Sydney, N.S.W.
Publication date 2003-08
ISSN 0310-1053
Summary The string of high-profile corporate collapses recently has provided a fresh insight into many important topics and issues in Australian corporations law. Notwithstanding this, one topic that continues to receive inadequate attention both in Australia and in foreign jurisdictions is the statutory removal of  directors. In an earlier article published in this journal, one of the present authors contributed towards addressing this lack of commentary on the topic by highlighting a number of peculiarities with the provisions under the then Corporations Law regulating the removal of directors in public and proprietary companies. Since that time, the CLERP amendments to the Corporations Law (now Corporations Act 2001) in 2000 introduced some interesting changes to the provisions dealing with the removal of directors in public and proprietary companies. In this article, the authors provide an explanation and critical analysis of these changes, and consider the recent Western Australian Supreme Court decision of Allied & Mining Process Ltd v Boldbow Pty Ltd [2002] WASC 195, which deals with some of the issues raised by the authors in relation to the CLERP amendments. According to the authors, whilst some of the peculiarities raised in the earlier article no longer exist post-CLERP, the current removal provisions still raise some important questions of interpretation.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Lawbook Co
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Document type: Journal Article
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