ArticleForeign bribery reform back on the tableBe aware of the proposed changes to the legal framework for prosecuting companies for foreign bribery offences.AustraliaCriminal LawCorrs Chambers Westgarth
ArticleSophisticated parties, legal advice given, effect of signed document changed by the Court to reflect parties’ true intentionIn Thiess Pty Ltd v. Flsmidth Minerals Pty Ltd [2010] QSC 6, Thiess Pty Ltd (Thiess) was engaged to design and construct three calciners, which are thermal treatment processors, for an aluminium plant. Thiess engaged Flsmidth Minerals Pty Ltd (Flsmidth) to carry out most of the design work. AustraliaCriminal LawNorton Rose Fulbright Australia
ArticleBeyond phoenixing and the Director ID solution (DIN)Many directors in Australia do not understand their responsibilities or have the business skills to manage effectively.AustraliaCorporate/Commercial LawWorrells
ArticleASIC to be Granted Greater Power?Chris Bowen MP, the Minister for Financial Services, Superannuation and Corporate Law, has announced proposals to enhance the Australian Securities and Investments Commission’s powers to pursue market misconduct. According to Minister Bowen, "these changes will ensure ASIC is properly equipped to investigate and prosecute serious corporate misconduct [that] has the potential to cause significant harm to the economy and investors".AustraliaCriminal LawHopgoodGanim
ArticleUK Bribery Act starts on 1 July 2011 - are you ready?The UK Bribery Act will commence on 1 July 2011, so if your company is carrying on business in the UK, you will need to ensure you are ready for it – or risk being prosecuted for acts done by foreign employees, agents or subsidiaries in other countries (including facilitation payments), and without your permission. AustraliaCriminal LawClayton Utz
ArticleCrimes (Document Destruction) Act 2005 Passed By Victorian ParliamentUpdate on Document Retention: Procedures for In-House Counsel seminar.Further to our recent seminars conducted on this topic, the Crimes (Document Destruction) Act 2005 (the Act) was passed by the Victorian Parliament on 4 April 2006. AustraliaLitigation, Mediation & ArbitrationRigby Cooke Lawyers
ArticleChanges to liability of directors and officersIf a company or corporate organisation commits a crime, its directors and managers may be personally criminally liable.AustraliaCorporate/Commercial LawHunt & Hunt
ArticleRisky business: why organisations doing business in Australia should re-evaluate their approach to risk management and complianceRecent developments have driven organisations to reassess culture and the robustness of internal policies and processes.AustraliaCorporate/Commercial LawCorrs Chambers Westgarth
ArticleConceal Or Reveal? Reporting White-Collar CrimeCorporate victims of white collar crime may decide not to report it to the police for many reasons, but that failure may itself be a criminal offence.AustraliaCriminal LawClayton Utz
ArticleCriminal negligence established by failure to comply with conditions of a project approvalWe discuss Secretary, Department of Planning and Environment v Charbon Coal Pty Ltd [2016].AustraliaCriminal LawHolding Redlich
ArticleDreamworld inquest: could officers actually be imprisoned?WHS regulators are yet to truly test the strength of Qld WHS laws for white-collar officers in medium and large companies.AustraliaCriminal LawMcCullough Robertson
ArticleIllegal phoenix reforms take effectA series of reforms aimed at preventing illegal ‘phoenix' activity has been implemented.AustraliaCriminal LawBennett & Philp Lawyers
ArticleDavid Jones share trading: Insider trading rules come under the spotlight once moreCriticism of ASIC reached new heights following a decision not to prosecute David Jones' directors for insider trading.AustraliaCriminal LawCorrs Chambers Westgarth
ArticleGuilty plea to market manipulation following ASIC investigation into online pump and dump postsUsing social media to coordinate 'pump and dump' activity in listed stocks is an offence under the Corporations Act 2001.AustraliaCriminal LawHolding Redlich
ArticleJoffe decision clarifies insider trading lawsThe NSW Court of Criminal Appeal has now gone a long way to resolving uncertainty in Australia's insider trading laws.AustraliaCriminal LawCorrs Chambers Westgarth
ArticleQueensland Government enacts significant changes to corruption watchdog legislationThe Crime and Misconduct Commission Amendment Act 2014 was recently passed by the Queensland Parliament.AustraliaCriminal LawClayton Utz
ArticleWhistleblower bounties a novel financial reformNew whistleblower provisions in the US grant monetary rewards to individuals who report illegal conduct to the SEC.AustraliaCriminal LawClayton Utz
ArticleALRC Proposes Significant Reforms For Australia's Corporate Criminal Liability RegimeThe Australian Law Reform Commission ("ALRC") has released its much anticipated Discussion Paper on Australia's corporate criminal responsibility regime, which provides the ALRC's preliminaryAustraliaCriminal LawJones Day
ArticleSecurency arrests are the first real test for Australian anti-bribery and corruption lawsDiscussion on the impending court case regarding Australia's anti-bibery and corruption lawsAustraliaCriminal LawClayton Utz
ArticleWhistleblowing And Foreign Bribery Bills Introduced Into SenateWhistleblowing and Foreign Bribery Bills introduced into Senate confirm Australian Government's intention to increase corporate compliance requirements.AustraliaCriminal LawBaker McKenzie