Question
1. Bob Hawke became a director of James Hardie in 2001 and was a participant at the board meeting which approved the company's release of
1. Bob Hawke became a director of James Hardie in 2001 and was a participant at the board meeting which approved the company's release of a misleading announcement to the Australian Stock Exchange, as was found in the case of ASIC v Hellicar [2012] HCA 17. A summary of the case can be found from the following link: https://www.brightlaw.com.au/asic-v-hellicar-liability-of-company-directors-james-hardie/
Explain: a. Advice Bob in relating to his potential liability relating to breach of directors' duties as a director of James Hardie under the Corporations Act.
b. Explain what is meant by the term 'corporate veil'. In what circumstance will Australian courts lift the 'Corporate veil'? Cite relevant legal cases.
2. Bert bought a second-hand Ford Fiesta car (2012 model) from Western Sydney Motor Dealers in 2015. Later he finds out that there is an issue with the car's 'DPS6' transmission. This problem was brought to court in the class action Capic v Ford Motor Company of Australia [2021] FCA 715. A summary of the Capic v Ford case can be found on the following web link. https://www.barristers.com.au/cases/capic-v-ford-motor-company-of-australia-2021-fca-715/
Explain a. Advice Bert in relation to any legal remedies he may have available under the Australian Consumer Law (ACL). Discuss using the IRAC method.
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