Disqualification powers upheld
Two constitutional challenges to the power of corporate regulators to bar directors and suspend liquidators have been quashed. Last week the High Court unanimously overturned challenges to the Australian Securities and Investments Commission and the Companies Auditors and Liquidators Disciplinary Board brought by an individual and two Sydney liquidators.
The decisions set important precedents that enshrine the right of regulators to suspend the activities of businesses that fail to meet due diligence.