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As part of this project, expert input was provided by employment law specialists Herbert Geer. Herbert Geer raised the possibility that the FWO could recover amounts lost by individual employees of a company by suing directors, other managers or agents of the company after the company has become insolvent. Currently, FWO cannot take action against companies without leave from the court (under Section 440D of the Corporations Act) and even then, there is the possibility that there is nothing to recover.
Duty of an auditor: The duty of an auditor generally was very carefully considered by this court in RE: LONDON AND GENERAL BANK (1895) and I cannot usefully add anything to wh
Suing and being Sued: Because a company is at law a different person altogether from its members it follows that a wrong to, or by, the company does not legally con
Money Lent: According to the decision in Re: David Payne & Co Ltd (23), a person lending money to a company is not bound to enquire as to why the company requires the money. H
QUESTION The Occupational, Safety and Health Act 2005 states that Every employer shall, so far as is reasonably practicable, ensure the safety, health and welfare at work of
Resident Magistrate's Court Establishment Further Resident Magistrate's Court is constituted through S.3 (1) of the Magistrate's Courts Act that is provides that 'ther
Who would think a documentary about the collapse of a mammoth corporation could play out like a drama with the emotional power of Greek tragedy? But that is the impact of enroll:th
Objects Clause: Reasons for Stating Objects Section 5 (1) (c) requires the memorandum of association to state the objects of the company. The section does not however indi
Rights of Guarantor Against Creditor Consequently the rights of the guarantor are: like (a) Further at any time after that the guaranteed debt such has become due and such prev
Statutory report - meetings and resolutions: Contents of the statutory report. Section 130(3) provides that the statutory report shall be certified by not less than two direc
Define Accession and ratification Another area/aspect that needs to be highlighted with regards to a Treaty is the difference between signing and ratifying a particular treaty
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