This session will provide an in-depth examination of recent developments in shareholder remedies and corporate governance, with particular emphasis on emerging case law and its practical implications for practitioners. It will explore judicial approaches to shareholder liability issues, including when shareholders may properly initiate unfair prejudice proceedings and the evolving thresholds for obtaining leave to bring derivative actions.
The session will also examine the circumstances in which fiduciary duties may arise in commercial and joint venture relationships, including the extent to which the use of contractual and corporate structures affects the existence and scope of those duties. This analysis is directed to how fiduciary characterisation can affect company law outcomes in shareholder and corporate disputes.
It will conclude with a review of recent case law concerning company meetings, highlighting key procedural requirements, common pitfalls, and the courts’ approach to challenges arising from meeting conduct and decision making.
