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22 Nov 2008, 8:51 pm
In recent months, Gzell J has released a number of ex tempore decisions in the on-going James Hardie litigation. [read post]
6 Nov 2008, 8:30 am
Justice Ian Gzell learnt this week that James Hardie's computers contained 122 million files for the relevant period. [read post]
19 Aug 2009, 10:25 pm
In Australian Securities and Investments Commission v Macdonald (No 12) [2009] NSWSC 714 Justice Gzell of the New South Wales Supreme Court refused to exonerate the former James Hardie directors and executives who contravened section 180(1) Corporations Act in Australian Securities and Investments Commission v Macdonald (No 11)[2009] NSWSC 287 relating to their approving the content of the Draft ASX Announcement at the February 2001 board meeting and related matters. [read post]
21 Feb 2007, 12:42 pm
The 3 James Hardie directors sued by ASIC who were still on the James Hardie board have resigned. [read post]
5 Sep 2008, 3:33 am
ASIC has confirmed it is proceeding with a hearing of its civil action against seven former directors and three former company officers of the James Hardie Group in the NSW Supreme Court on 29 September. [read post]
14 Feb 2007, 6:55 pm
ASIC has announced that it has commenced civil penalty proceedings in relation to James Hardie, including against a number of former and current directors and former executives. [read post]
18 Dec 2010, 9:00 pm
However, James Hardie lost its own appeal (see separate judgment James Hardie Industries NV v Australian Securities and Investments Commission [2010] NSWCA 332), when the Court upheld a ruling that the company made misleading statements to the Australian Securities Exchange (ASX) in 2002 about its ability to “meet all asbestos claims and as to remaining asbestos claims”. [read post]
22 Apr 2009, 7:28 pm
In Australian Securities and Investments Commission v Macdonald (No 11) [2009] NSWSC 287 the New South Wales Supreme Court has decided in favour of ASIC's civil claim that a number of statements in the Draft ASX Announcement by James Hardie to the effect that the Foundation would have sufficient funds to meet all legitimate Asbestos Claims, that it was fully funded and provided certainty for people with legitimate Asbestos Claims were false or misleading and that… [read post]
15 May 2011, 1:26 pm
The High Court has granted special leave to ASIC to appeal the NSW Court of Appeal decision in favour of the 7 non-executive James Hardie directors and its company secretary and general counsel (Shafron). [read post]
25 Apr 2009, 6:55 pm
The minutes of the meeting of the board of James Hardie at the 15 February 2001 Meeting which referred to approval of the ASX announcement at the centre of the case were signed as a correct record by the chairman at the next meeting of the board on 4 April 2001. [read post]
3 May 2012, 12:52 pm
In Australian Securities and Investments Commission v Hellicar [2012] HCA 17 and appeals relating to 6 other non-executive directors of James Hardie Industries Ltd (“JHIL”) the High Court allowed ASIC’s appeals and held that each director breached his or her duties as a director of the company by approving the company’s release of a misleading announcement to the Australian Stock Exchange (“ASX”). [read post]
18 Apr 2023, 12:01 pm
Bradley Hardy (Georgetown; Google Scholar) presents Stalled Progress? [read post]
3 May 2012, 12:20 pm
In Shafron v Australian Securities and Investments Commission [2012] HCA 18 the High Court dismissed the appeal of Peter James Shafron, the company secretary and general counsel of James Hardie Industries Ltd (“JHIL”), against previous decisions that he contravened s 180(1) of the Corporations Act 2001 (Cth) by failing to discharge his duties as an officer of JHIL with the degree of care and diligence that a reasonable person in his position would have… [read post]
25 Oct 2010, 1:30 pm
Oral Argument in case# 10-1434; James Harris v. [read post]
17 Jul 2011, 2:30 pm
In reviewing recent directors’ duties cases (such as James Hardie and Centro) it is clear that CEO’s, CFO’s, company secretaries and other officers who are not directors are also being held to high standards by the courts and regulators. [read post]
5 May 2008, 5:29 am
But I love Dickens, Eliot, Hardy, James. [read post]
30 Dec 2020, 12:18 pm
” Michael Hardy of Texas Monthly has this report. [read post]
5 Mar 2012, 10:59 pm
After a legal battle, the James Hardie Company eventually signed an agreement to compensate its asbestos victims. [read post]
13 Jul 2007, 3:31 pm
Hardy was appointed to the post, replacing current State’s Attorney James Thomas. [read post]
7 Sep 2010, 4:46 pm
David Erickson and James Neet (Shook Hardy & Bacon LLP) discuss a recent 10th Circuit opinion in "Administrative Procedure Act/RCRA: Tenth Circuit rules EPA may revise tentative interpretation of regulation without rulemaking", posted on Lexology:The Tenth Circuit Court of Appeals... [read post]
