Directors and Officers Fiduciary and Best Interest Duties - navigating a legal minefield
The Centre for Enterprise Governance is pleased to invite you to the Enterprise Governance Forum series presented by Dr David Millhouse, Honorary Adjunct Senior Research Fellow at Bond University's Faculty of Law.
In this Governance Forum, David will explore how ‘Fiduciary’ and ‘Best Interest’ are commonly used terms interpreted differently in the law and often misunderstood by the legislature, media, in the investment community and more importantly, by Directors. Their heritage lies in equity, meaning a duty to give undivided loyalty to the vulnerable whom they serve. That is where divergence begins.
A topic for Directors to understand better their obligations under the Corporations Act (Cth) and how that obligation can compete head-on with fiduciary duty.
Date: Tuesday, 7 September 2021
Time: 4:00 - 5:00 pm AEST
Where: via Zoom - on registration, you will receive a confirmation which will include the webinar link and password.
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David Millhouse, Honorary Adjunct Senior Research Fellow, Bond University, Managing Director, Author
David has been a serial entrepreneur in international private equity, venture capital and funds management sectors in Chief Executive and board roles since 1983. David holds a Ph.D in Law from Bond University entitled ‘Systemic and Cyclical Failure in the Australian Financial Products and Financial Services Sectors: Have weaknesses in corporate law contributed to these failures? His PhD has been publicly recognised by the Australian Financial Review (AFR Chanticleer 16th January 2019), television (7th March 2019, ch 601). He is the author of three scholarly articles published in the Law and Financial Markets Review (‘Empirical analysis supports the Hayne long run reform thesis’ LFMR 13:2-3, (2019) and ‘From Campbell to Hayne: W[h]ither Australia? Australian financial regulation and supervision at a cross-roads’ LFMR 13:2-3, (2019)) and ‘W[h]ither Australia? Will Parliament Act?’ LMFR 1492) (2020)). His book ‘Corporate Governance in Non-Bank Financial Entities’ is published by LexisNexisButterworths (October 2019). His most recent publications ‘Best Interest Duties of Financial Advisers – More Law, More Confusion’ February 2020 and Directors & Officers ―Strategic Leadership or Bondage? are published in the Corporate Governance e-Journal at the Centre for Commercial Law, Bond University. He is a regular speaker at law and financial conferences.
David has founded Legal Analytics, being the application of Robotic Process Automation and Artificial Intelligence in the law. He also acts as a board strategy consultant and has also written two chapters in the textbook for Bond University’s start-up law course.
David is an Honorary Adjunct Senior Research Fellow within the faculty of law and is continuing legal scholarship in financial services and products regulation in Australia and other countries. His research interests include the application of cognitive artificial intelligence (AI) in legal analysis.
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Gary Brady is the Centre Director for the Centre of Enterprise Governance.
Any questions on the webinar, please do not hesitate to contact Nadia Singh on (07) 5595-2067 or via email at [email protected]