10 min
Dividends and "material prejudice" Called to Account
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- Management
In this podcast, Jacqui and Paul discuss a number of critical insights emerging from the dividend case in the Dick Smith litigation, in particular, the concept of "material prejudice" included in s254T(c) of the Corporations Act and the potential hurdle it creates to paying and declaring dividends. Highly relevant to directors - particularly CFOs - is the approach adopted by the Court to assess the "reliability" of information provided to boards, as well as, the extent to which that information provides a reasonable basis for taking decisions about dividends. Usefully, the judgement also identifies a number potential mitigation actions directors might consider in circumstances where a breach under s180(1) and (2) may arise because the company has potentially been exposed to a breach of s254T(c).
In this podcast, Jacqui and Paul discuss a number of critical insights emerging from the dividend case in the Dick Smith litigation, in particular, the concept of "material prejudice" included in s254T(c) of the Corporations Act and the potential hurdle it creates to paying and declaring dividends. Highly relevant to directors - particularly CFOs - is the approach adopted by the Court to assess the "reliability" of information provided to boards, as well as, the extent to which that information provides a reasonable basis for taking decisions about dividends. Usefully, the judgement also identifies a number potential mitigation actions directors might consider in circumstances where a breach under s180(1) and (2) may arise because the company has potentially been exposed to a breach of s254T(c).
10 min