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ARTICLE · 22 OCTOBER 2025

To Apologise, Or Not To Apologise – That Is The Question

Within both the criminal and civil law contexts, the concepts of an apology and an admission often overlap.

AustraliaCriminal Law

Imagine: Major news outlets have just published damaging allegations of serious and systemic misconduct by your business, potentially resulting in significant losses by your customers. To make matters worse, the regulators have come knocking.

On its face, your compliance officer believes there may be some truth to the allegations. The corporate affairs team wants to get ahead of the story and immediately issue an apology to all affected customers. The lawyers are concerned that this would be admitting liability. The Board and CEO are unsure what to do amidst this crisis.

It is an understandable human trait to equate apologies with admissions, as well as aim to minimise damage by denying or ignoring apparent wrongdoing. However, in the regulatory world, this instinct may only compound the consequences.

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