Garth Fountain-Smith

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Garth Fountain-SmithLL.B, Grad Cert Leg Prac, Grad Dip App Corp Gov, FGIA, FGC, MAICD - Special Counsel & Governance Professional (Consultant)

Garth has been practising law for over 23 years. He has in-depth regulatory and legal compliance experience (including as a lawyer and manager at ASIC).

Garth is entitled to practise in all jurisdictions.  He is admitted as a Barrister and Solicitor of the Supreme Court of Tasmania, the Federal Court and High Court of Australia and is a qualified governance professional holding a graduate diploma in Applied Corporate Governance.

Garth’s areas of advocacy in Courts and Tribunals in corporate, regulatory and commercial litigation and extensive experience include:

  • corporations law
  • directors’ & officers’ duties
  • legal and regulatory compliance law
  • financial services law
  • corporate governance, risk management, board/director review/assessment, meeting practice and procedure
  • professional conduct matters
  • privacy law
  • commercial litigation
  • commercial law
  • employment law

The Hayne Royal Commission recommendations have instrumentally legislated tougher penalties under the Corporations Act 2001 (Cth) and ASIC’s mandate “Why not litigate” – compelling reasons to engage Garth for evidence based outcomes in Corporate and Board Governance and in the discharge of directors’ and officers’ duties. 

Garth is a Fellow, non-executive director and national councillor of the Governance Institute of Australia Ltd (the peak professional body for ‘whole of organisation governance’ and risk professionals) and he is Chair, Board Constitution Working Committee, member of Board IT Committee, Victoria Council (past Deputy Chair), Legislation Review Committee and past Chair – Corporate and Legal Issues Committee.   

Garth lectures for the Governance Institute of Australia in the module ‘ASIC’s functions and powers’ and in its certificated courses. He has co-authored numerous good governance guides and is a published co-author for LexisNexis in its regulatory compliance modules.

Garth is also a member of the Law Institute of Victoria and the Australian Institute of Company Directors (AICD). He speaks with experience from the board table.  

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