Australia: Directors and Officers

Directors using credit cards to pay company tax debts may be unknowingly converting corporate liabilities into personal obligations. What appears to be a simple cash flow solution with bonus reward points could expose directors to significant personal financial risk if the company later becomes insolvent.

The Court of Appeal has upheld a landmark decision requiring the Australian Tax Office to return settlement payments totaling approximately $15 million that were funded by proceeds from a breach of fiduciary duty.

Voluntary Administration under Part 5.3A of the Corporations Act 2001 offers Australian companies a formal insolvency process where an independent liquidator investigates whether the business can be preserved. During this process, most unsecured claims are stayed while creditors, employees, and secured parties navigate distinct rights and exceptions. Understanding the strategic timing for directors, the decision-making power of creditors, and the specific protections available to employees proves critical t

As artificial intelligence becomes deeply embedded in organisational operations and decision-making, boards face a critical governance challenge: could they explain and defend their AI use if called before a regulator or Royal Commission tomorrow? This article examines why AI governance has become a board-level issue and what evidence organisations would need to produce under regulatory scrutiny.

The Dexus v APAC decision provides important guidance on nominee directors, conflicts of duty and governance in consortium-owned entities, offering practical lessons for infrastructure, private capital and investment structures.

Australia's director identification number regime has evolved from initial implementation to routine governance compliance. Recent legislative reforms strengthen ASIC's enforcement powers and integrate DINs more closely into corporate registry processes, requiring companies to embed verification procedures into director appointments, succession planning and ASIC reporting.

So you are a director of a company and you’ve received a Director Penalty Notice (DPN). Here’s a rundown on what that means and what you should do next.

Directors who lodge their company's Activity Statements on time may still face personal liability through Director Penalty Notices if they underreport tax obligations. This article examines a critical but often misunderstood distinction in the legislation: timely lodgement alone doesn't prevent lockdown DPNs—directors must also accurately notify the Commissioner of the correct amounts owed.

From 1 July 2027, Director Identification Numbers will become mandatory for all director-related reporting in Australia, fundamentally changing how companies manage appointments...