Question
Scenario: (Australian Law) Farida is a non-executive director of the Anaspeptic Group (AG), a listed waste-management company that develops strategies and technologies for managing waste
Scenario: (Australian Law)
Farida is a non-executive director of the Anaspeptic Group (AG), a listed waste-management company that develops strategies and technologies for managing waste and recycling in Australia and overseas.Six months ago, the Board invested a substantial sum of money in a new plastic recycling technology from Taiwan developed by IONATE, believing it to be the most promising advance in plastic recycling for many years.Unfortunately for AG, a recent study has demonstrated that IONATE's recycling process has significant flaws, and the shares of the Taiwanese company have since plummeted.The Board, in a desperate move to improve the position of the company, decide to invest in a new electronics waste recycling company in New Zealand.This decision was made, despite AG being on the verge of insolvency.Farida's expertise is in water management systems, and she was generally less interested in the investment side of AG's business, as she has always felt that it was the role of the executive directors to oversee this aspect of the business.She was however, aware that AG was in financial trouble since IONATE's share price plummeted, but had relied on a recent internal audit that showed that AG was not in danger of insolvency.
Advise Farida of her civil and criminal liability under the Corporations Act 2001 (Cth).
Please use case law and statute to support your answer.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started