Liabilities of Directors and Staff

Abstract

For the purposes of this discussion, I will make the assumption that the organisations represented here are incorporated under either the Corporations Law or the Associations Incorporation Act of NSW. That means that the institution is a separate legal entity that is capable of suing, and being sued. As such, a legal action is usually taken against the company, and the staff, officers and directors are entitled to hide behind the 'corporate veil'. That is, it is the company that is liable and not the staff or directors. Today I want to talk about a number of situations where it is in fact the staff or directors that must face the consequences without the benefit of the corporate shield.