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misleading conductcontinuous disclosuredirectors duties
Australian Securities and Investments Commission v Fortescue Metals Group Ltd
ASIC v Fortescue Metals Group Ltd (No 2) [2011] FCAFC 19; (2011) 190 FCR 364
Key Principle
The Full Federal Court held that describing inchoate framework agreements as legally 'binding' was misleading or deceptive conduct and a breach of continuous-disclosure obligations, and that a director knowingly involved in the company's contraventions was personally liable — a decision subsequently reversed by the High Court, which held the statements were not misleading.
Area of Law
insolvency
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