Question
QUESTION TWO (10 marks) Did the directors breach any statutory duties by allowing the company not to make any announcement to the ASX or the
QUESTION TWO (10 marks) Did the directors breach any statutory duties by allowing the company not to make any announcement to the ASX or the general public about the regulator's concerns? QUESTION THREE (10 marks) Discuss whether directors, Clyde Purcell and Shady Pearl and CEO Fran Dewer are in danger of being held personally liable under the insolvent trading provisions of the Corporations Act. QUESTION FOUR (10 marks) What is the role of a voluntary administrator? Describe what happens at the two meetings that must be called by the voluntary administrator. QUESTION FIVE (10 marks) Discuss what the Board could and should have done in early 2018 if they were aware that the CEO, Fran Dewer, had lied publicly that the company was acting on legal advice that it in fact did not have. QUESTION SIX (10 marks) Explain the oppression remedy available under Pt 2F.1 of the Corporations Act, including who may seek the remedy, possible grounds for seeking the remedy and possible outcomes. Do you think the shareholders in Pherano would have any grounds to seek an order under Pt 2F.1?
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