A claim for statutory excusal under ss 1317S or 1318 of the Corporations Act 2001 (Cth) does not require that the legal advice relied upon relate to the very conduct impugned, but the pleading must properly connect the facts and circumstances (including any prior legal advice) to the belief asserted as the basis for excusal. A pleading that alleges a belief based on legal advice but fails to plead that surrounding facts and circumstances induced that belief is inadequate and liable to be struck out.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.