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Australia corporate capacity and ultra viresdeceit

Australian Securities and Investments Commission v Fortescue Metals Group Ltd

(2011) 190 FCR 364
JurisdictionAustralia
CourtFull Federal Court of Australia
Year2011
StatusPersuasive authority

Summary

A corporation's public statements about binding agreements may constitute misleading or deceptive conduct and breach continuous disclosure obligations under Australian securities law.

Key Principle

continuous disclosure obligations; misleading statements; materiality test for ASX Listing Rules

Area of Law

insolvency

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Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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