Jacobsen, Ben, and Pender, Howard (2016) The controversy continues: the case for regulatory reform on members' resolutions in Australia. Company and Securities Law Journal, 34 (4). pp. 292-303.

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Abstract

Australian corporate law reforms in the late 1990's retained provisions for shareholder proposals. Subsequent use by environmental and union groups gave rise to controversy about these provisions. Despite political attention in the following decade to elements of minority rights such as the "100 shareholder" rule, statutory provisions remained. However in recent activism on climate change fewer instances of minority shareholder resolutions are making annual general meeting agendas. Such an outcome may provide an indicator of the democratic status of the system of corporate governance with implications for accountability. Within the contemporary setting of corporate law the state of corporate democracy is explored using recent evidence from shareholder activism on climate change. A case is made for regulatory reform on minority resolutions.

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