Corporate Oppression with James d'Apice Bundle (Paper + Video)
About the Corporate Oppression paper and how to make the most of this paper.
The purpose of this paper is to provide companion materials to the video of the same title. Best practice would be to listen to the video, make notes on the companion materials and highlight any areas of interest or mark items for further research.
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Why Oppression is an Important Consideration for Directors
An oppression suit can threaten the existence of a company.
Because of the serious nature and consequences of proceedings under section 232 of the Corporations Act 2001 (Cth) (the Act), it is important that company directors understand the law of oppression and how the associated risks can be managed. As legal advisers our role is to advise directors and shareholders on these matters.
Because a company has the capacity and powers of an individual, companies may engage in what amounts to an essentially unlimited range of conduct. This can include conduct that might amount to oppression.
This bundle is in three parts:
1. What is oppression according to the Corporations Act 2001 and how does it operate?
2. Real life examples from leading cases
3. Practical suggestions for identifying and avoiding oppression
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