Australian parliaments - supported by decisions of the High Court - have been encouraging the adoption of due diligence as a general concept to be applied throughout Australian society.

For example, due diligence in legislation is now called up by the Corporations Act (Cth) legislation, environmental legislation (e.g. NSW and Vic), model WHS legislation and Rail Safety National law etc. In addition, earlier decisions of the High Court have been endorsed the idea. For example, the judges of the…