Corporate Law Judicial Decision-Making

8 August 2013

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The Hon. T F Bathurst, Chief Justice of NSW
Justice Randy J. Holland, Delaware Supreme Court, USA
The Hon. Justice R.S. McColl, AO, Supreme Court of NSW, Court of Appeal


Professor Jennifer Hill, Professor of Corporate Law, Sydney Law School
Professor Matthew Conaglen, Professor of Equity and Trusts, Sydney Law School

The goal of this Panel discussion is to examine how the judiciary in the United States and Australia decide corporate law cases.

In the United States, Delaware occupies a unique position in this regard. More than half of all U.S. firms trading on the NYSE and NASDAQ are incorporated in Delaware, and the Delaware Supreme Court is the pre-eminent U.S. corporate law decision-making forum.

The Panel will analyse how similar facts would be dealt with by U.S. judges compared to Australian judges. As a basis for this analysis, the Panel will compare and contrast key decisions on directors' duties from each jurisdiction. These are (i) Stone v Ritter, 911 A 2d 362 (Del. Supr., 2006), a Delaware Supreme Court decision, involving directors' duty of oversight and (ii) the Centro litigation (ASIC v Healey (2011) 196 FCR 291; ASIC v Healey [No 2] (2011) 196 FCR 430), involving directors' duty of care in Australia.

The Panel will comprise three leading judges - in the US context, Justice Randy J. Holland of the Delaware Supreme Court, and, in the Australian context, The Hon. Justice Tom Bathurst, Chief Justice of NSW, and The Hon. Justice Ruth S. McColl, AO, Supreme Court of NSW, Court of Appeal.

Lawyers/barristers: attendance at this seminar is equal to 1 MCLE/CPD unit.

Time: 5.30 - 6.45pm

Location: Assembly Hall, Level 4Old Law School, St James Campus, Phillip St, Sydney

Cost: Free, however registration is essential

Contact: PLaCE Coordinator

Phone: 02 9351 0429

Email: 29090f40162c091f2c077501481625033f781126336c2c30