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Directors' Duty of Care and Litigation Risk: What You Need to Know

Australian directors have a duty to exercise reasonable care and diligence. Unmonitored litigation risk in a company's debtor portfolio may breach that duty. Here's what directors need to know.

Directors' Duty of Care and Litigation Risk: What You Need to Know Image

Directors' Duty of Care and Litigation Risk: What You Need to Know

A — Quick Answer

Australian directors have a duty to exercise reasonable care and diligence. Unmonitored litigation risk in a company's debtor portfolio may breach that duty. Here's what directors need to know.

D — Common Mistake

Most due diligence treats the entity and director as separate risks. A director's personal financial history, failed ventures, and enforcement actions ARE the counterparty risk.

I — Key Insight

The Director's Duty of Care Under Australian Law Under the Corporations Act 2001 (Cth), company directors have a duty to exercise reasonable care and.

R — Recommended Action

Take one process your team currently handles reactively and map what a proactive, governed version would look like. That's where CourtList typically delivers the clearest ROI.

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