From time to time business owners and company directors find themselves caught up in matters regarding personal civil liability and even criminal investigations by regulators. Our lawyers can assist you in navigating what can be a stressful time.
We understand that in the event of regulatory scrutiny you need to be in a position to respond to regulatory authorities in a rapid, strategic and informed manner, in order to protect your reputation and assets, and minimise the risk of penalties and prosecution.
Our team are experienced in managing claims in relation to:
- so-called “white collar crime” such as corporate criminal liability, bribery and facilitation payments, insider trading, money laundering, fraud, ASIC investigations, breach of directors’ fiduciary duties and improper use of position; and
- directors’ civil obligations, including liability for breach of fiduciary or other duties, the extent of personal exposure (including acting on insurance claims), director penalty notices and associated liability, examination proceedings (by ASIC, liquidators and other eligible applicants).
We have recent experience in both civil and criminal enforcement matters, having:
- acted for liquidators in pursuing enforcement of directors’ obligations, and for directors defending claims against them;
- 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; and
- defended ASIC insider trading investigations, Australian Federal Police allegations of breaches of the Commonwealth Crimes Act in respect of foreign bribery and a high-profile money laundering investigation.