When will the court fix your mistakes?

Company secretaries are responsible for ensuring that their company complies with the day to day requirements of the Corporations Act and the ASX listing rules. Administrative errors or substantial breaches in procedure can have serious consequences such as invalidity, civil liability or financial penalties. Section 1322 of the Corporations Act 2001 provides a power for a court to remedy any invalidity, extend time to enable compliance with the Act in certain circumstances.

In this presentation, litigation specialists Mark Gerus and Tim O’Leary will look at practical examples of errors in governance where serious consequences for the company were avoided by urgent applications to the Federal Court for relief under section 1322.

The presentation will refer to the recent High Court decision in Weinstock v Beck where the High Court’s broad approach to section 1322 shows a concern for substance over form that is potentially very useful for those involved in matters of corporate governance.

Presented by:
Mark Gerus, Partner, Litigation, Gilbert + Tobin Lawyers
Tim O’Leary, Partner, Litigation, Gilbert + Tobin Lawyers