Best Corporate Governance Lawyers in Australia

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E. P. Johnson & Davies
Melbourne, Australia

Founded in 1961
38 people in their team
English
Who we are…Hicks Oakley Chessell Williams is a well-respected law firm whose origins began in 1961 in Mount Waverley, an Eastern suburb of Melbourne.Hicks Oakley Chessell Williams is an incorporated practice, initially formed as a partnership in 2000 by a merger between the firms of Hicks...
J. King & Associates
Melbourne, Australia

Founded in 1999
25 people in their team
English
About Us Jamie King2019 to presentMember of the Law Institute Commercial Litigation Advisory Committee.2002Graduated as Master of Commercial Law from the University of Melbourne.1999Commenced the legal firm J King & Associates.1998Accredited by Law Institute of Victoria as a Commercial...
Michael Birch
Hurstville, Australia

Founded in 1987
2 people in their team
English
AboutMichael Birch graduated from Macquarie University in 1982 with a Bachelor of Arts and Bachelor of Laws degrees. Michael was admitted as a solicitor to the Supreme Court of New South Wales on 22 December, 1982 and the High Court of Australia on 11 February, 1983.He is currently undertaking...
Gadens Lawyers - Brisbane
Brisbane, Australia

Founded in 1847
880 people in their team
English
About usGadens is a leading Australian law firm with 97 partners and 880 staff across offices located in Adelaide, Brisbane, Melbourne, Perth and Sydney. With our history dating back to 1847, our vision is to be a preeminent, independent firm renowned for providing outstanding client service,...
Wardak Law
Melbourne, Australia

Founded in 2024
5 people in their team
Wardak Law is a premier law firm located in Dallas Melbourne Victoria, dedicated to providing exceptional legal services across various areas of law. Led by Principal Solicitor Nangy Wardak, we are committed to delivering tailored solutions for individuals and businesses. We practise in criminal...
Fletcher Law
Perth, Australia

Founded in 2011
2 people in their team
English
ABOUTFletcher Law is a high quality, service oriented commercial law firm in Perth WA.Fletcher Law provides astute legal advice prioritising:Open and clear communication.Commercial and strategically sound legal solutions.High quality, timely client service.Our client base includes:High net worth...
Rockliffs
Sydney, Australia

Founded in 1970
10 people in their team
English
OUR STORYThe firm has been established since the early 1970’s and the former Managing Partner, Stephen Rockliff, has been associated with the firm since then. Stephen Rockliff has had vast experience in most areas of law over the course of his legal career spanning more than 4 decades. Stephen...
FCG Legal Pty Ltd.
Carlton, Australia

Founded in 2004
50 people in their team
English
About Us - The FirmFCG Legal is an Australian law firm. Its purpose is to provide an efficient and cost effective service to its clients. It is committed to excellence and the maintenance of professional standards of the highest degree.In terms of client expectation, it is attuned towards...
Bold Lawyers
Hobart, Australia

Founded in 2004
10 people in their team
English
About usBold Lawyers know that experience and great results are important. Just as important is the amount of money charged by your lawyer to achieve the result you want. Your legal fees can and should be reasonable no matter how big or small your case is.Depending on the agreement that you sign...
Tierney Law
Hobart, Australia

Founded in 1982
50 people in their team
English
About usBig enough for a complete legal service, small enough for personal care. We can help you with your legal problems and help you to make the right decisions; whatever your problem, we can help. Tierney Law are committed to providing quality, efficient and friendly service for a fair fee. We...
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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.