CORPORATIONS - disclosure obligations - misleading and deceptive statement in disclosure documents - claim to hold particular patents - description of scope of business through identification of service contracts - misleading statement of financial position - declarations of contravention made - Corporations Act 2001 (Cth) s 728(1)(a)
CORPORATIONS - disclosure obligations - failure to disclose - continuous disclosure obligations - circumstances affecting likely future net profit - obligation of subsidiary under loan agreement - declarations of contravention made - Corporations Act 2001 (Cth) ss 728(1)(b), 728(1)(c), 674(2)
CORPORATIONS - misleading or deceptive conduct in relation to a financial product - false representations to auditors - where representations likely to affect value of the company's shares - declarations of contravention made - Corporations Act 2001 (Cth) ss 764A(1)(a), 761A, 1041H
CORPORATIONS - disclosure obligations - continuous disclosure obligations - whether director involved in contravention - availability of defence - declaration of contravention made - Corporations Act 2001 (Cth) ss 79, 674(2A)
CORPORATIONS - directors' duties - duty of care and diligence - failure to understand and satisfy disclosure requirements - failure of executive director to disclose financial circumstances of the company to the Board - failure to disclose proposed intercompany loan to the Board - failure to ensure proposed intercompany loan would be binding and recoverable - exposure of company to penalties - declarations of contravention made - Corporations Act 2001 (Cth) s 180
EVIDENCE - admissibility of transcripts of examinations conducted pursuant to s 19 of the Australian Securities and Investments Commission Act 2001 (Cth)
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