The issue of how to regulate conflicts of interest in the company law context has always been challenging. Applying traditional fiduciary standards to modern commercial relationships can be conceptually difficult. This can be seen by the fact that divergent approaches to the application of the...

This article is reprinted from the introduction to Associate Professor Rosemary Teele Langford's 'Company Directors' Duties and Conflicts of Interest' which was published by Oxford University Press on 5 March 2019. The book provides detailed analysis of directors' duties arising under UK case...

This chapter outlines the integrated approach taken to statutory interpretation of directors' duties in the UK in order to highlight how the interaction between case law and the reading of statutes affects the development of the common law. It highlights, and explains the reasons for, the...

When are shareholders empowered to remove directors from office? This is an important governance issue and is related to the balance of power between shareholders and directors. In the case of a public company, s 203D(1) of the Australian Corporations Act 2001 (Cth) provides that shareholders...

Australian company directors are subject to duties of disclosure arising from a number of sources. In particular disclosure has been required of directors under general law and statutory duties in the context of conflicts of interest and in presenting proposals to shareholders for approval. A...