Question
Directors of corporate entities are said to be fiduciaries under the laws of Australia.3 With reference to the above statement, answer the following: (1) Are
Directors of corporate entities are said to be fiduciaries under the laws of Australia.3 With reference to the above statement, answer the following: (1) Are directors of companies registered under the Corporations Act 2001 (Cth) fiduciaries? and if so: (i) what are their fiduciary duties? and (ii) who do they owe their duties to and why? (2) With specific reference to ss 182 and 183 of the Corporations Act 2001 (Cth) and relevant case law, do these sections impose fiduciary obligations? If so why? If not-why not?See generally Brunninghausen v Glavanics [1999] NSWCA 199 [40] (Handley JA); Grimaldi v Chameleon Mining NL (No 2) [2012] FCAFC 6 (Finn, Stone and Perram JJ) (around [177]); ASIC v Adler & 4 Ors [2002] NSWSC 171 [458] (Santow J).
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