The recent High Court decision made in Australian Securities and Investments Commission v King [2020] HCA 4 provides some clarity as to what an ‘Officer’ of a Corporation is under s9 of the Corporations Act. Under the initial case, heard in the Queensland Court of Appeal, it was ruled that Mr King, the Respondent, was not an ‘officer’ under the Corporations Act, as he had not technically held office due to the fact he did not have a “recognized position with duties attached to it”. The High Court, rejected the QCA’s interpretation, and reasoned that whilst s 9(a) of the Act was concerned with officeholders, s 9(b) covered those who did not hold the office, by defining those individuals by reference to their relationship to the corporation. The Court held that s9(b) indicated that the legislature intended not to confine the definition of an officer to simply those who had a recognized position with rights and duties attached to it.

Leave a Reply

%d bloggers like this: