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ARTICLE · 29 JUNE 2019

Executive liability in the infrastructure industry: what you need to know

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

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These cases made compelling arguments for the personal liability of executives for offences committed by corporations.

AustraliaReal Estate and Construction

The discovery of cracks in Mascot Towers felt like Groundhog Day for Sydney residents. They had heard a familiar story six months earlier, when the Opal Tower was evacuated following structural failures. The potentially catastrophic outcome of the structural failures, and the lack of legal recourse available to residents, highlight the serious regulatory and accountability issues facing the construction industry.

These cases make compelling arguments for the imposition (on public policy grounds) of personal liability on executives for offences committed by corporations.

Executive liability recognises the potential for corporate misconduct to cause public harm. Extending liability to 'pierce the corporate veil' would motivate directors and senior management to actively ensure a corporation's compliance.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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