Australian Securities and Investments Commission v Hellicar

JurisdictionAustralia Federal only
JudgeFrench CJ,Gummow,Hayne,Crennan,Kiefel,Bell JJ
Judgment Date03 May 2012
Neutral Citation[2012] HCA 17,2012-0503 HCA B
CourtHigh Court
Docket NumberMatter No S174/2011 Matter No S178/2011 Matter No S179/2011 Matter No S175/2011 Matter No S180/2011 Matter No S181/2011 Matter No S174/2011
Date03 May 2012

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156 cases
11 firm's commentaries
  • The government model litigant policy - ethical issues
    • Australia
    • Mondaq Australia
    • 27 July 2015
    ...Appeals Tribunal (2012) 203 FCR 166; 128 ALD 489; [2012] FCAFC 90; BC201204504 at [42]. 4ASIC v Hellicar (2012) 247 CLR 345; 286 ALR 501; [2012] HCA 17; BC201202609 at [239] per Heydon J; LVR (WA) Pty Ltd v Administrative Appeals Tribunal (2012) 203 FCR 166; 128 ALD 489; [2012] FCAFC 90; BC......
  • Tesco - Food for thought for directors of Australian companies
    • Australia
    • Mondaq Australia
    • 8 October 2014
    ...of judicial consideration in recent years, most notably in Centro (ASIC v Healey & Ors [2011] FCA 717), James Hardie (ASIC v Hellicar [2012] HCA 17) and Fortescue Metals (ASIC v Fortescue Metals Group Ltd [2011] FCAFC Centro would be of particular relevance to a "Tesco-style" overstatem......
  • James Hardie - The final instalment - NSW Court of Appeal disqualifies and penalises company officers
    • Australia
    • Mondaq Australia
    • 18 November 2012
    ...Ors v Australian Securities & Investments Commission [2012] NSWCA 370 4 Australian Securities and Investments Commission v Hellicar (2012) 286 ALR 501; [2012] HCA 17 5 Shafron v Australian Securities and Investments Commission (2012) 286 ALR 612; [2012] HCA 18 The content of this articl......
  • Implications for General Counsel - the James Hardie Appeals
    • Australia
    • Mondaq Australia
    • 20 June 2012
    ...ensure the ASX release, and the minute books, were not false or misleading – both a breach of duty. Footnote 1 ASIC v Hellicar & Ors [2012] HCA 17; Shafron v ASIC [2012] HCA The content of this article is intended to provide a general guide to the subject matter. Specialist advice shoul......
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2 books & journal articles
  • Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
    • United Kingdom
    • Sage Federal Law Review No. 40-2, June 2012
    • 1 June 2012
    ...NV (2010) 274 ALR 85. 45 Morley (2010) 274 ALR 205. 46 Briginshaw v Briginshaw (1938) 60 CLR 336, 361–2 (Dixon CJ). 47 ASIC v Hellicar (2012) 286 ALR 501. 48 The High Court held that the facts indicated that the board minutes, which recorded the tabling of the draft ASX announcement and its......
  • Linking Corporate Power to Corporate Structures
    • United Kingdom
    • Sage Social & Legal Studies No. 22-1, March 2013
    • 1 March 2013
    ...ER 929 (England).Amaca Pty Ltd v Frost [2006] NSWCA 173 (Australia).Australian Securities and Investments Commission v. Meredith Hellicar. 2012/HCA17. HighCourt of Australia (Canberra) (Australia).James Hardie and Co Pty Ltd v Hall (1998) 43 NSWLR 554 (Australia).James Hardie Industries Lim......