Asic v Fortescue Metals Group Ltd

Cited authorities (47) Cited in (43) Precedent Map Related
JurisdictionAustralia Federal only
Neutral Citation2009-1223 FCA J,2011-0218 FCA A
Date2009
Year2009
CourtFederal Court

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27 cases
2 firm's commentaries
  • 'Gatekeepers' to the board: regulators' changing expectations of general counsel
    • Australia
    • Mondaq Australia
    • 14 August 2023
    ...Limited (In Liquidation) [2019] FCA 807, 31 Ma y 2019. 3 Australian Securities and Investments Commission v Fortescue Metals Group Ltd (2011) 190 FCR 364, 427 [197]; [2011] FCAFC 19 in which Keane CJ commented that disclosure compliance is not a business judgment matter but instead a questi......
  • Continuous Disclosure - What Duties do Directors Have?
    • Australia
    • Mondaq Australia
    • 30 November 2011
    ...Footnotes 1 (2010) 274 ALR 85. 2 James hardie Industries NV v ASIC above at [527]. 3 ASIC v Fortescue Metals Group Ltd (no 5) [2009] FCA 1586. 4 ASIC v Fortescue Metals Group Ltd [2001] FCAFC 5 [2006] FCA 936 at [86]. The content of this article is intended to provide a general guide to the......
4 books & journal articles
  • A Step Too Far? Rethinking the Stepping Stone Approach to Officers’ Liability
    • United Kingdom
    • Sage Federal Law Review No. 47-1, March 2019
    • 1 March 2019
    ...in Australia (2009) 19–50.2. ASIC v Cassimatis [No 8] (2016) 336 ALR 209, 217 [2] (Edelman J) (‘Cassimatis’).3. Ibid 217–18 [1]–[6].4. (2011) 190 FCR 364, 370 [10] (‘Fortescue’).5. Abe Herzberg and Helen Anderson, ‘Stepping Stones — From Corporate Fault to Directors’ PersonalCivil Liability......
  • Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
    • United Kingdom
    • Sage Federal Law Review No. 40-2, June 2012
    • 1 June 2012
    ...205 ('Morley'); ASIC v Citrofresh International Ltd [No 2] (2010) 77 ACSR 69 ('Citrofresh [No 2]'); ASIC v Fortescue Metals Group Ltd (2011) 190 FCR 364 ('Fortescue Metals Group'). 3 The term 'stepping stone' stems from Keane CJ's description of ASIC's proceedings in Fortescue Metals Group ......
  • Realising the Public Potential of Corporate Law: Twenty Years of Civil Penalty Enforcement in Australia
    • United Kingdom
    • Sage Federal Law Review No. 42-1, March 2014
    • 1 March 2014
    ...ACSR 1; ASIC v Maxwell (2006) 59 ACSR 373; ASIC v Citrofresh International [No 2] (2010) 77 ACSR 69; ASIC v Fortescue Metals Group Ltd (2011) 190 FCR 364. 89 Ibid, citing especially James Hardie Industries NV v ASIC (2010) 274 ALR 85; ASIC v Macdonald [No 11] (2009) 256 ALR 199; ASIC v Citr......
  • From Stepping-Stones to Throwing Stones: Officers’ Liability for Corporate Compliance Failures after Cassimatis
    • United Kingdom
    • Sage Federal Law Review No. 49-3, September 2021
    • 1 September 2021
    ...turn, used asstepping-stones toward the conclusionthat [chief executive off‌icer] Forr est contravened s 180 of the [CorporationsAct]’: (2011) 190 FCR 364 370 [10] (‘Fortescue Metals’).53. On appeal, the ma rket announcements were found n ot to have been misleading or dece ptive: Forrest v ......