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Australia Leading Case separation of powersdirectors duties

Forge v ASIC

(2006) 228 CLR 45
JurisdictionAustralia
CourtHigh Court of Australia
Year2006
StatusBinding authority

Summary

Acting judges appointed to NSW Supreme Court held constitutionally valid; court also addressed de facto and acting directors under corporations law.

Key Principle

de facto directors; acting directors; constitutional validity of acting judges

Area of Law

insolvency

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Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.

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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