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Dominique Hogan-Doran SC
t: + 61 2 9236 8622
f: + 61 2 9221 8995
m: 0410 665 772  
e: hogan-doran@stjames.net.au

Clerk: Margaret Ashford
t: + 61 2 9236 8601
e: mashford@stjames.net.au

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Recent Hearings

James Hardie Civil Penalty Proceedings

Dominique Hogan-Doran SC

CORPORATIONS - Supervision, Regulation and Correction - Civil penalty proceedings - Whether announcement to the ASX approved at directors' meeting - Whether minute to that effect subject to statutory presumption under s 251A or s 1305 of the Corporations Law - Whether false or misleading - Whether directors and senior executives acted in breach of s 180(1) of the Corporations Law - Whether in failing to disclose information with respect to a deed of covenant and indemnity (DOCI) there was a breach of Listing Rule 3.1 and s 1001A(2) of the Corporations Law - Whether the directors who executed the DOCI were in breach of s 180(1) - Whether the chief executive officer approved the release of the ASX Announcement and breached s 180(1) - Whether the company breached s 995(2) of the Corporations Law - Whether the company breached s 999 of the Corporations Law - Whether the CEO was in breach of s 180(1) for statements made at a press conference - Whether he was he breach of s 181 of the Corporations Law - Whether the company was in breach of s 995(2) and s 999 - Whether there were breaches of s 180(1), s 181, s995(2) and s 999 for statements made in two subsequent ASX Announcements - Whether the directors were in breach of s 180(1) of the Corporations Act in approving a draft information memorandum to be used in a members' scheme of arrangement - Whether the CEO and secretary and general counsel were in breach of s 180(1) in approving the draft IM and authorising a letter to be sent to the Court - Whether the company was in breach of s 995(2) and s 999 of the Corporations Act - Whether the CEO was in breach of s 180(1) and s 181 of the Corporations Act for statements made in United Kingdom and slides lodged with the ASX - Whether the company was in breach of s 1041E and s 1041H of the Corporations Act - Whether the company was in breach of Listing Rule 3.1 and s 674(2) of the Corporations Act for failing to disclose a restructure of the James Hardie group

ASIC v Macdonald (No 12) [2009] NSWSC 714

CORPORATIONS - Supervision, Regulation and Correction - breaches of civil penalty and other provisions - whether should be relieved from liability under s 1317S(2) or s 1318(1) of the Corporations Act - whether acted honestly - whether prohibition orders should be made under s 206C or s 206E - whether pecuniary penalty orders should be made under s 1317G(1) and s 1317G(1A)
COSTS - whether separate issues constituted by a group of discrete issues - whether no order for costs where the plaintiff succeeds on one separate issue and fails on another

Acted for the Australian Securities and Investments Commission, with Tony Bannon SC & Robert Beech-Jones SC, instructed by Clayton Utz

See also: James Hardie Industries NV V ASIC [2009] NSWCA 18

Acted for the Australian Securities and Investments Commission, with Tony Bannon SC & Robert Beech-Jones SC, instructed by Clayton Utz