U.S. criminal law has a long reach outside the borders of the United States. Australian companies and individuals whose activities touch on the United States—even without having offices or any physical presence in the United...more
6/4/2021
/ Australia ,
Australian Securities and Investments Commission ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Evidence ,
Extradition ,
Law Enforcement ,
Legal Professional Privilege ,
Mutual Legal Assistance Treaties (MLAT) ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more
REST and Statewide Superannuation become the first industry superannuation funds to be caught in the crosshairs of ASIC's "why not litigate" approach to enforcement.
The Australian Securities and Investments Commission...more
The Situation: The Federal Government has published its highly anticipated reform package to Australia's industrial relations ("IR") framework. While less ambitious than some had expected, the Fair Work Amendment (Supporting...more
On 31 August 2020, the Australian Law Reform Commission's Final Report on Corporate Criminal Responsibility was tabled in Parliament. The Final Report makes significant recommendations for reform of corporate criminal...more
10/12/2020
/ Anti-Corruption ,
Australia ,
Board of Directors ,
Bribery ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Culture ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Code ,
Criminal Liability ,
Deferred Prosecution Agreements ,
The Corporations Act ,
White Collar Crimes
Australia's corporate regulator has released its Corporate Plan, which outlines its strategic litigation goals and governance initiatives over the next four years.
On 31 August 2020, the Australian Securities and...more
The Situation: Australia's corporate regulator, the Australian Securities and Investments Commission ("ASIC") brought proceedings against two former directors of Tennis Australia ("TA") alleging that they engaged in numerous...more
Australia's landmark Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry that was conducted throughout 2018 and reported in early 2019 highlighted numerous examples of potential...more
The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more
The Situation: A line of authority, typically associated with Rich v Harrington [2007] FCA 1987, (2007) 245 ALR 106 ("Rich"), has held that for legal professional privilege to be claimed in relation to advice from an in-house...more
The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more
11/11/2019
/ Adjournment ,
Australia ,
Compulsory Claims ,
Criminal Contempt ,
Criminal Investigations ,
Criminal Prosecution ,
Cross Examination ,
Discovery ,
Evidence ,
Injunctive Relief ,
Judicial Review ,
Self-Incrimination
Recent strategies and initiatives announced by Australia's corporate and prudential regulators and the Australian government's release in August 2019 of its Financial Services Royal Commission Implementation Roadmap provide a...more
This is Jones Day's fifth review of Australian class actions developments. The White Paper reviews the class actions that were commenced and settled in 2018–2019. The White Paper also examines the types of novel claims that...more
8/16/2019
/ Australia ,
Class Action ,
Climate Change ,
Employment Litigation ,
Financial Services Industry ,
International Litigation ,
Litigation Funding ,
Securities Litigation ,
Settlement Agreements ,
Shareholder Litigation ,
Strict Product Liability ,
Superannuation
The Background: In RBC Investor Services Australia Nominees Pty Limited v Brickworks Limited [2017] FCA 756 (10 July 2017) ("Brickworks case"), a large institutional investor sought to dismantle a cross shareholding...more