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.