Best Corporate Governance Lawyers in Australia

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Stacks Collins Thompson
Hornsby, Australia

Founded in 1931
500 people in their team
English
About usStacks Law Firm is a dynamic group of law firms which together offer a wide range of legal services throughout NSW, QLD and ACT. Each firm is an independent, incorporated legal practice but by working together the group can offer a higher level of service across a wider geographical area....
Tan & Tan Lawyers
Perth, Australia

Founded in 1984
50 people in their team
English
Chinese
We are proud to show how Tan and Tan Lawyers have evolved all these years. Both Charles and Raymond Tan migrated from Singapore to practice law in Western Australia.From our family’s humble beginnings in Singapore and our migration to Australia, we have been proud of our achievements in helping...
Anb Lawyer
Sydney, Australia

Founded in 2007
25 people in their team
English
ABOUTSPECIALIST ADVICE YOU CAN RELY UPON.ANB Lawyers is a Sydney based boutique law firm practicing in a range of areas including property, commercial and corporations law and dispute resolution.The firm’s principal, Nabil Ajaje, is an Accredited Specialist in Business Law and is an experienced...
Smart Legal
Loganholme, Australia

Founded in 2004
50 people in their team
English
The Smart Legal StoryWith over 40 years’ experience, between our office, Smart Legal is a boutique law firm specialising in a wide range of general practice matters.We service the thriving area of Brisbane, Logan and the Gold Coast in all matters including:• General Legal Advice• Wills and...
Jude Lawyers

Jude Lawyers

15 minutes Free Consultation
Darwin, Australia

Founded in 2006
6 people in their team
English
We are boutique Darwin solicitors providing a high standard of legal services within our wide areas of practice to enable you to achieve your goals and successfully resolve your legal issues.We're here to serve you and your legal interests.Our areas of practice include: Commercial law and...
ZMK LAWYERS
Melbourne, Australia

Founded in 2017
10 people in their team
English
Hindi
ABOUT USOUR FIRMZMK Lawyers is a Melbourne based general practice law firm. We offer full range of litigation & business transnational services on local, national and global level.  Our business motive is to work collaboratively with our clients to build long term...
Owen Hodge Lawyers
Sydney, Australia

Founded in 1951
55 people in their team
English
Owen Hodge Lawyers is a top tier law firm that Sydney residents rely on. We commenced providing legal services to the St George and Sutherland communities in 1951. Since then our firm has grown considerably, developing a reputation for quality legal services, value for money and a strong...
Herbert Geer & Rundl
Melbourne, Australia

Founded in 1939
500 people in their team
English
About usHerbert Geer is a commercial law firm with offices in Melbourne, Sydney and Brisbane. Our dedicated team of people provide services to a wide range of corporate, private and government clients. Our success in building a respected and trusted law firm is driven by the commitment to our...
Armstrong Lawyers Pty Ltd
Melbourne, Australia

Founded in 2000
4 people in their team
English
About usArmstrong Lawyers, based in Melbourne, provides a high level of service throughout Australia for businesses and individuals. The company is highly experienced in commercial litigation, agreements, employment, industrial relations, business buying and selling, franchising, and property...
Johnstone Crouse Lawyers
Perth, Australia

Founded in 2018
10 people in their team
English
About usWe are a law firm in Perth, WA that provides consistent, quality and cost effective legal services in family law, property law and business law. We know that no two matters are the same which is why we take a customised approach to every matter.SpecialtiesFamily Law, Family Lawyers, Civil...
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About Corporate Governance Law in Australia

Corporate governance in Australia refers to the set of rules, practices, and processes by which companies are directed and controlled. The purpose of corporate governance is to ensure responsible, ethical, and effective management of companies, enhance transparency, protect stakeholder interests, and foster corporate accountability. In Australia, corporate governance is influenced by both statutory laws and a variety of guidelines and codes, most notably for companies listed on the Australian Securities Exchange (ASX).

Why You May Need a Lawyer

There are many situations in which individuals or businesses may require legal advice regarding corporate governance. Common scenarios include:

  • Establishing a company and implementing effective governance frameworks
  • Understanding the duties and liabilities of company directors and officers
  • Responding to board disputes, shareholder disagreements, or internal complaints
  • Compliance with statutory obligations such as financial disclosure and reporting
  • Dealing with regulatory investigations or enforcement actions by authorities such as ASIC
  • Managing risks of conflicts of interest or breaches of fiduciary duty
  • Drafting and reviewing governance documents, including charters, policies, and codes of conduct
  • Facilitating major transactions, such as mergers, acquisitions, or takeovers, where governance and compliance play a central role

A qualified lawyer can help you understand your obligations, minimise your legal risks, and navigate complex governance challenges with confidence.

Local Laws Overview

Australian corporate governance is primarily shaped by the Corporations Act 2001 (Cth), which sets out statutory obligations for companies, directors, and other officers. Key aspects include:

  • Duties of Directors and Officers: Directors owe duties of care and diligence, good faith, proper purpose, and must avoid conflicts of interest. Breaches can result in personal liability and regulatory penalties.
  • Disclosure and Reporting Requirements: Companies must regularly disclose financial and non-financial information to shareholders and regulators.
  • ASIC Regulation: The Australian Securities and Investments Commission (ASIC) is responsible for enforcing corporate governance laws, conducting investigations, and taking enforcement action when necessary.
  • ASX Corporate Governance Principles: For listed companies, the ASX Corporate Governance Council issues Principles and Recommendations that set best-practice standards for boards, risk management, stakeholder engagement, and more. While not legally binding, companies must publicly disclose deviations.
  • Shareholder Rights: Laws ensure shareholders have rights regarding voting, receiving information, and holding directors accountable at general meetings.
  • Continuous Disclosure: Publicly listed entities have an obligation to immediately disclose market-sensitive information to ensure a fair and transparent marketplace.

Frequently Asked Questions

What is corporate governance?

Corporate governance is the framework of rules, policies, and processes by which a company is managed and controlled. It involves balancing the interests of a company's stakeholders, including shareholders, management, customers, suppliers, financiers, government, and the community.

Who regulates corporate governance in Australia?

Corporate governance in Australia is primarily regulated by the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission (ASIC). For ASX-listed companies, the ASX Corporate Governance Council also provides guidelines.

What are the core duties of company directors?

Directors must act with care and diligence, in good faith and for a proper purpose, avoid conflicts of interest, and not improperly use their position or information to gain an advantage or cause detriment to the company.

Is it compulsory to follow the ASX Corporate Governance Principles?

ASX-listed companies are required to disclose the extent to which they follow the ASX Corporate Governance Principles and Recommendations. If they do not comply, they must explain why, under the “if not, why not” approach.

What happens if a director breaches their duties?

A breach of directors' duties can lead to civil penalties, disqualification from acting as a director, compensation proceedings, and, in cases of dishonesty, criminal prosecution.

Can small proprietary companies be exempt from certain governance requirements?

Small proprietary companies may be subject to less stringent regulatory requirements than public or large proprietary companies, particularly in relation to financial reporting, but must still comply with core governance laws.

Are there specific requirements for board composition?

For ASX-listed companies, there are recommendations for board composition, such as the inclusion of a majority of independent directors and gender diversity, but these are guidelines rather than legal requirements.

What role does ASIC play in corporate governance?

ASIC administers the Corporations Act, monitors compliance, investigates breaches, and takes enforcement action, such as banning directors or bringing court proceedings.

How can shareholders hold a company accountable?

Shareholders can vote in general meetings, call meetings, remove directors, and take legal action in certain circumstances, including class actions or derivative actions for enforcing directors' duties.

How can a lawyer help with corporate governance issues?

A lawyer can advise on legal obligations, draft governance documents, help resolve disputes, represent clients in dealings with regulators, and assist with developing compliance programs to manage risks.

Additional Resources

For further support and information on corporate governance in Australia, consider these resources:

  • Australian Securities and Investments Commission (ASIC) - main corporate regulator and source of guidance materials
  • ASX Corporate Governance Council - publishes Governance Principles and Recommendations for listed entities
  • Australian Institute of Company Directors (AICD) - provides training and resources for directors and officers
  • Business.gov.au - government portal for business compliance and regulation
  • Office of the Registrar of Indigenous Corporations (ORIC) - oversees governance of Indigenous corporations in Australia

Next Steps

If you need legal assistance with corporate governance in Australia, consider the following steps:

  • Identify the specific governance issues or questions you face
  • Prepare relevant documents and a summary of your situation
  • Consult a lawyer experienced in corporate law and governance to obtain tailored advice
  • Follow your lawyer’s recommendations regarding compliance, document drafting, or dispute resolution
  • Stay informed about changes to laws and regulations that may affect your company’s governance

Seeking professional legal advice will help you effectively manage your corporate responsibilities and protect your business interests.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Corporate Governance, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.