BLAW20001 - Corporate Law - The Talented Mr Daly - Law Assessment Answer

Subject Code: BLAW20001

Law Assessment Answer

Assignment Task: BLAW20001 Part B  Listen to the podcast (or read the transcript) ‘The talented Mr Daly ’ which can be found at https://www.abc.net.au/radionational/programs/backgroundbriefing/updated-the-talented-mr-daly/10282810 Answer the following questions.

1. Did Mr Daly breach any directors’ duties? If so, which ones and how?
2. Did any of the other directors breach their duties? If so, who, which duty and how?
3. Do you think the company was trading while insolvent? Give reasons.
4. If the company was trading while insolvent – are there any defences available to Mr Daly and/or other directors? If so, what are they? Give reasons
5. Would the new ‘safe harbour’ defence assist the directors? If yes, how? If no, why not?

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