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31 Griffith L. Rev. 1 (2022)

handle is hein.journals/griffith31 and id is 1 raw text is: GRIFFITH LAW REVIEW 2022, VOL. 31, NO. 1, 1-24 https://doi.org/1 0.1080/10383441.2022.2031525 Routledge Taylor & Francis Group Who is an officer of a corporation? Australia and the United States Compared Weiping He Monash Law Faculty, Monash University, Melbourne, Australia 1. Introduction Since the early 2000s, Australia was subjected to corporate scandals and collapses, such as HIH Insurance One.Tel, and most recently Storm Financial and the scandals of some banks, leading to legislative and regulatory responses. Over the past few decades the leg- islature, along with the courts, have increasingly expanded the scope and depth of the duties and responsibilities of the directors of corporations in Australia. Along with this development, the duties and responsibilities have been extended beyond just the directors to widen the net to capture a larger pool of a corporation's 'officers'. One mechanism for aligning this corporate reality with law is to extend the definition and interpretation of the term 'officer' under corporations laws. The present mark regarding the notion of officers in Australia was set by the interpretation of the term 'officer' in the Australian Corporations Act 2001 ('the Act') by the High Court in Austra- lian Securities and Investments Commission v King [2020] HCA 4 ('King'), which will be given further consideration in this article. Of interest is how the US laws and courts have defined and interpreted the term 'officer'. The US is home to many of the world's most powerful and dynamic corporations. The US, like Australia, has not been spared the scourge of corporate scandals, the Wells Fargo account fraud scandal being one of the most recent. CONTACT Weiping He weiping.he@monash.edu 15 Ancora Imparo Way, Clayton campus, Monash University, VIC3800, Australia © 2022 Griffith University