Directors' personal liability-is the proposed amendment to Section 197 acceptable when compared with Hanel v O'Neill?

On 2 June 2005, the Australian Government announced a proposal to amend s. 197 of the Corporations Act. This is to overturn the decision in Hanel v. O'Neill ("Hanel") where the South Australian Supreme Court has expanded the circumstances in which directors of trustee companies can be held personally liable for the debts under the current section 197(1) of the Corporations Act 2001 (Cth). The multiple interpretations presented in Hanel highlighted the uncertainty of s. 197 and this uncertainty is heightened in at least two subsequent cases. The article provides a detailed analysis of how the decision in Hanel is affecting the directors' freedom of management and suggests some precautionary measures that the directors could take as protection against creditor's actions under s. 197. The author welcomes the proposed amendment because the new section will create certainty for directors as to. the scope of their potential personal liability, but contends that the substance of the proposed s. 197 is not acceptable as there is potential for abuse by directors of certain trustee companies.

Recent amendment to section 197- is it acceptable?

The majority decided in Hanel v O’Neill that directors of trustee companies
could be held personally liable to discharge the debts incurred by a
company pursuant to s 197(1) of the Corporations Act 2001 (Cth). On
18 November 2005, legislation was passed to amend s 197(1); this was to
overturn the decision. This article evaluates other relevant cases and
argues that the recent amendment to s 197 is unsatisfactory as it leaves
potential for abuse by directors of certain trustee companies. The article
suggests further reform to the section and to this end, suggests ways for
s 197 to reconcile with other parts of corporate law, such as insolvent
trading and directors’ duties.

A reavaliação da Guerra do Vietnã apresentada no romance The short timer (197(), de Gustav Hasford, e em sua adaptação fílmica Fullmetal JAcket (1987), de Stanley Kubrick

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

Marion Allan Wright Papers - Accession 197

The Marion Allan Wright Papers consist of correspondence, a journal, autobiographical writings, bibliographies, biographical data, essays, speeches, book reviews, short stories, poems, letters to the editor, oral history transcripts and other papers. Subjects include the death penalty, the civil rights movement, civil liberties, libraries in South Carolina and politics. Correspondents include R. Beverly Herbert, L. Mendel Rivers, J, William Fulbright, Sam Ervin, Jr., Reverend James P. Dees, Preston Wright (Wright's brother) and other relatives. See Acc 48 for an earlier accession of Wright papers and the oral history collection for recorded interviews with Wright.

Cellular and molecular effects of cross reacting material 197 (CRM197) on HT-29 colon cancer cell line

Cross Reacting Material 197(CRM197) is a Diphteria toxin non toxic mutant that had shown anti-tumor activity in mice and humans. CRM197 is utilized as a specific inhibitor of heparin-binding epidermal growth factor (HB-EGF), that competes for the epidermal growth factor receptor (EGFR), overexpressed in colorectal cancer and implicated in its progression. We evaluated the effects of CRM197 on HT-29 human colon cancer cell line behaviour and, for CRM197 recognized ability to inhibit HB-EGF, its possible effects on EGFR activation. In particular, while HT-29 does not show any reduction of viability after CRM197 treatment, or changes in cell cycle distribution, in EGFR localization or activation, they show a change in gene expression profile analyzed by microarray. This is the first study where the CRM197 treatment on HT-29 show the alteration of a specific and selected number of genes.

Review of 197 consecutive free flap reconstructions in the lower extremity

Complications and failures after microvascular free tissue transfer for lower extremity reconstruction have a negative impact on postoperative course and final outcome. Therefore, a 10-year analysis on lower extremity reconstruction with free flaps was performed with a special emphasis on patient co-morbidities such as cardiovascular diseases, diabetes mellitus, body mass index and history of smoking, in order to identify potential risk factors. Complications such as haematoma, seroma, infection, wound dehiscence, as well as partial flap loss, postoperative thrombosis of the anastomosis and eventual total flap loss were gathered from the medical records. Limb salvage was 100%, however 40% suffered from complications ranging from minor wound dehiscence to total flap loss. None of the above-mentioned potential risk factors was associated with an increased rate of complications. However, in flaps that required revision for thrombosis, the age of the patients was significantly higher in the group of flaps that eventually failed when compared to flaps that were salvaged. In conclusion, lower extremity reconstruction with microvascular free tissue transfer is a safe and reliable procedure with a high success rate, however partial flap loss remains an important issue. Increased age was the only factor identified with an increased risk for subsequent flap loss in cases that were revised for thrombosis.

Na 1 Nachlass Max Horkheimer, 325 - Korrespondenzen u.a. mit Frances Bartlett Kinne und Otto Kirchheimer (p. V 101, 1-197)

75 Briefe mit Beilagen zwischen Prof. Frances Bartlett Kinne und Max Horkheimer, 1956-1973; 7 Briefe mit Beilagen zwischen Prof. Otto Kirchheimer und Max Horkheimer, 1952-1954; 19 Briefe mit Beilagen zwischen Prof. Guido Kisch und Max Horkheimer, 1955-1956; 23 Briefe mit Beilagen zwischen Walter Kittel (Oberbaurat i. R.), 1964-1973; 14 Briefe mit Beilagen zwischen Jules Klanfer und Max Horkheimer, 1963-1964; 4 Briefe mit Beilagen zwischen Prof. Otto Klineberg und Max Horkheimer, 1960-1961; 1 Brief von Max Horkheimer an Otto Klineberg (Psychologe), 22.6.1960;

Ms. Praed. 197 - De hora mortis Christi

Vorbesitzer: Dominikanerkloster Frankfurt am Main

Na 50 Nachlass Arthur Schopenhauer - 'Schopenhauer-Archiv', 197 - Entschuldigungsschreiben des Bürgermeistersvorstehers Georg Reuhl

abgedruckt in: Schopenhauer-Jahrbuch 24 (1937), S 119

Ms.Ff.F.Stoltze 3. 197 - Brief von Franz Müller an Friedrich Stoltze

Glückwünsche zum 70. Geburtstag, Humoristischer Verein in Boston, Bitte um Übersendung seiner Gedichte

Ms. lat. oct. 197 Bd. 1 - Fragmentum libri de tribus impostoribus sive de imposturis religionum

Vorbesitzer: Karl Konstanz Victor Rücker