find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
Property Lawyer
Category: Property Law | Location: All Melbourne VIC
· 12 Month Contract · Diverse Work
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Infrastructure Lawyers
Category: Construction Law | Location: All Perth WA
· We'd be particularly interested to hear from you if you were a lawyer who knows your way around the infrastructure and energy sectors.
View details
Allens rejects breach of duty claims

Allens rejects breach of duty claims

ALLENS ARTHUR ROBINSON has announced the firm does not agree with claims that it failed to ensure its client, James Hardie Industries, disclosed crucial information to the NSW Supreme Court…

ALLENS ARTHUR ROBINSON has announced the firm does not agree with claims that it failed to ensure its client, James Hardie Industries, disclosed crucial information to the NSW Supreme Court about its controversial move to the Netherlands.

The firm argues it did not breach its duties in relation to the scheme of arrangement, pointing out that Commissioner David Jackson QC’s report said that the failure to reveal information in this respect did not result from a deliberate act.

While the Jackson Report found that two partners within Allens had failed to disclose important information to the Court, it also states that the firm did not attempt to pervert the course of justice.

Allens lawyers Peter Cameron and David Robb were said to have informed the Court that James Hardie would ensure that partly paid shares would be left behind in Australia as a safety net for asbestos victims. When these shares were later cancelled, the Court was not informed, the Report said.

But the firm now argues that the Commissioner “finds that it is not clear that any such breach caused loss, or that even if disclosure had been made that subsequent events would have turned out differently”.

The firm has welcomed Commissioner Jackson’s “outright rejection” of claims that it contravened the Trade Practices Act 1974 or that the orders of the Supreme Court were procured by fraud.

The firm has faced allegations that it failed to exercise due care and skill, and contributed to James Hardie’s failure to comply with its duty of disclosure to the NSW Supreme Court when it asked for approval in 2001 to move to the Netherlands. The firm’s recent statement rejects these claims.

Allens continues to advise James Hardie on some matters, the firm said. However, there are a number of specific Commission-related matters in the future in which it will not be acting for James Hardie. This is by mutual agreement, the firm said.

See News review this week: Where to after the Jackson Report?

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Allens rejects breach of duty claims
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Violence
Nov 17 2017
It's time for politicians to commit to eradicating domestic violence
The national shame of domestic violence cannot be left unaddressed, writes Christine Smyth. ...
Nov 16 2017
From lawyer in law firm to senior governance professional
Promoted by Governance Institute of Australia As a law graduate, Kate Griffiths never imagined...
marriage equality
Nov 16 2017
Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring same-sex marriage legislation does not limit ant...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...