Directors' duty to use their powers for proper or permissable purposes

This article focuses generally on the interaction among several internal company law doctrines such as the supremacy of the articles of association; that other organs cannot interfere with powers exclusively conferred upon a particular organ; that courts will not readily interfere with internal company matters; that directors are under a duty to act in good faith and in the best interest of the company as a whole and under a duty to use their powers for proper or permissible purposes; and that there are some remedies available to shareholders if directors did not perform their powers for a proper or permissible purpose. The specific aim with the article is to establish when and why the courts will be prepared to set aside decisions by directors if they have taken them for an improper or impermissible purpose. The article concludes that the courts will be prepared to set the decisions of directors aside when they have used a particular power substantially or primarily for an improper or impermissible purpose. When the exercise of directors' powers is challenged under circumstances where there were both permissible and impermissible purposes for exercising a particular power, there is no alternative for the court but to inquire into the complex area of the state of mind of those who acted and the motive on which they acted. This is, in fact, second-guessing the decisions of directors.

Corporate donations, the best interest of the company and the proper purpose doctrine

Corporate philanthropy is illegitimate spending by powerful corporate elite of someone else’s money; an attempt to bypass democratic allocation of taxes; philanthropy by individuals is laudable, but not by corporations.

Just as I wouldn’t want you to implement your personal judgments by writing checks on my bank account for charities of your choice, I feel it inappropriate to write checks on your corporate ‘bank account’ for the charities of my choice.

‘It would be okay if they came through the proper channels’: community perceptions and attitudes toward asylum seekers in Australia

Australia's humanitarian programme contributes to UNHCR's global resettlement programme and enhances Australia's international humanitarian reputation. However, as the recent tragedy on Christmas Island has shown, the arrival of asylum seekers by boat continues to stimulate debate, discussion and reaction from the Australian public and the Australian media. In this study, we used a mixed methods community survey to understand community perceptions and attitudes relating to asylum seekers. We found that while personal contact with asylum seekers was important when forming opinions about this group of immigrants, for the majority of respondents, attitudes and opinions towards asylum seekers were more influenced by the interplay between traditional Australian values and norms, the way that these norms appeared to be threatened by asylum seekers, and the way that these threats were reinforced both in media and political rhetoric.