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What happens when some of Australia's most experienced listed company directors start looking elsewhere?
In her 2026 Bathurst Lecture at the Supreme Court of NSW, Honey, I Shrunk the Director Pool, Rebecca Maslen-Stannage, Chair and Senior Partner at HSF Kramer, explores a critical question for Australia's public markets: why are directors increasingly attracted away from listed life and towards private capital boards, and what does that mean for the broader economy?
Drawing on findings from the HSF Kramer ASX200 Chairs Survey, the lecture examines the cumulative impact of regulatory complexity, litigation risk, director liability and public scrutiny on listed company governance.
Rebecca argues that maintaining high standards of governance and accountability remains essential, but that Australia needs to rebalance regulation, enforcement and liability frameworks bearing mind other important policy objectives including growth, competitiveness and the willingness of experienced leaders to serve on listed company boards.
For those interested in the future of corporate governance, we've brought together a collection of related resources:
The conversation around governance, regulation and director responsibility is far from over. As boards, regulators and policymakers grapple with these challenges, Rebecca's lecture offered a timely perspective on how Australia can strike the right balance of accountability, growth and competitiveness.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills Kramer 2026
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