Corporate Enforcement & Prosecutions

From time to time business owners and company director’s find themselves caught up in matters regarding personal civil liability and even criminal investigations by regulators. The Blackwall Legal team can assist you in navigating this stressful time.

Our team understands that in these times you need to respond to authorities in a quick and informed manner in order to minimise the risk to the individual’s assets and business reputation and also to protect their operating business employees. We are on hand to assist you across all elements of Federal and regulatory investigations and alleged breaches of obligations including:

Federal and Regulatory Prosecutions (White Collar Crime)

  • Corporate criminal liability
  • Bribery (including foreign bribery) and facilitation payments
  • Insider trading
  • Money laundering
  • Fraud
  • ASIC investigations
  • Breach of directors’ fiduciary duties
  • Improper use of position

Directors’ Civil Obligations

  • Directors personal exposure
  • Liability for breach of Directors’ fiduciary obligations
  • Director penalty notice advice relating to:
    • best interests of the Company;
    • improper use of position;
    • improper use of information;
    • fraud and investigations;
    • shareholder and officer derivative actions;
    • shareholder oppressions;
    • undervalue transactions and director related transactions; and
    • ASIC examination and investigations.

Recent Experience

We act for liquidators in pursuing enforcement of directors’ obligations, and for directors defending claims against them.  We have recently achieved several successful recovery actions, defended directors against liability for tax exposure caused by the actions of others, and defended directors from liability in and out of formal proceedings.


Chris Pearce
Partner

Jamie Ogilvie
Special Counsel

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