Insights

Russian sanctions: supervening illegality and impact on contracts with Russian interests

In the first case of its kind in Australia, the Federal Court of Australia held that Rio Tinto-backed Queensland Alumina Ltd was correct in interpreting and applying the sanctions imposed by the...

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cyber security
Forensic investigation reports: are they privileged? Robertson v Singtel Optus Pty Ltd

The Federal Court of Australia has held that an expert forensic investigation report prepared by Deloitte Touche Tohmatsu (Deloitte) for Optus in the aftermath of its September 2022 cyber attack...

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High Court of Australia flags bigger penalties for corporate misconduct

High Court of Australia expands concept of a “benefit” for civil penalty and criminal sentencing principles – larger corporate penalties are on the way!

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Reforms to Australia’s Foreign Bribery Laws: Important Lessons for Australian Business

The Australian Government has finally re-enacted a Bill to reform important parts of Australia’s foreign bribery laws, many years after the Australian Senate and numerous parliamentary committees...

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ASIC’s first whistleblower prosecution under the Corporations Act and guidance as to good practice

The Australian Securities and Investments Commission (ASIC) has sent a strong message to companies and their officers that it is starting to enforce whistleblower protections in its first case...

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Regulators get tough on claims of Legal Professional Privilege

Following a number of recent cases in which parties have incorrectly claimed legal professional privilege (LPP) over documents to be produced for regulatory proceedings or investigations, and...

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Why are Australian sanctions now the topic of the day?

Following Russia’s invasion of Ukraine, a range of democratic nations including Australia, have been quick to impose sanctions on Russia, its president and his assumed associates.

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An Australian “Magnitsky Act”: Blunt Sword or Robust Shield?

Sergei Magnitsky was a Russian tax accountant. In 2008, while working with Bill Browder and his Hermitage Capital investment fund, he accused Russian tax officials and Russian law enforcement of a...

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The new OECD Anti-Bribery Convention Recommendation – An Australian perspective

On 26 November 2021, the OECD Working Group on Bribery (WGB) adopted a revised Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business...

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International Comparative Legal Guide - Sanctions 2021

Consultant, Robert Wyld and Associate, Lara Douvartzidis have written the Australian chapter on sanctions law.

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Commercial crime update: July 2020

Despite the COVID-19 conditions that exist around the world, activities in the commercial crime space continue along.

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ESG, anti-bribery and corruption

Anti-bribery laws in Australia are divided between Commonwealth laws applying both within and to some extent outside Australia, and State and Territory laws applying within each State and Territory.

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The High Court, Privilege and Paradise: the ATO and accessing corporate confidential information

Last week, in Glencore v Commissioner of Taxation [2019] HCA 26 the High Court of Australia unanimously affirmed the status of Legal Professional Privilege (LPP) as merely an immunity from the...

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Foreign Bribery Update: December 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, commercial crime, investigations and regulation to 19 December 2018.

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Foreign Bribery Update – May 2018

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 May 2018. These developments will impact on...

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Foreign Bribery Update – December 2017

Lawyers and business need to appreciate that the risks of disclosure are greater now than ever before.

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Likely new corporate offence of failing to prevent foreign bribery

All companies, however large or small, will need to comply with these proposed laws when (rather than if) they are enacted.

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Foreign Bribery Update 2016: May

Important developments in Australia and overseas in foreign bribery policy, investigations and regulation to 20 May 2016, including international the role of intermediaries in Unaoil and the Panama...

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Foreign Bribery Update – April 2017

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 April 2017. These developments will impact...

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Foreign Bribery Update 2015: December

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 December 2015. These developments will...

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Foreign Bribery Update 2015: September

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 September 2015. These developments will...

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Foreign Bribery Update 2015: April

This Update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to 1 April 2015. These developments will impact...

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Foreign Bribery Update - December 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation to December 2014. These developments will impact...

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Foreign Bribery Update - August 2014

Developments will impact on Australian businesses working offshore and only reinforce the need to have and to implement an ongoing, pro-active anti-corruption compliance framework within your...

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Foreign Bribery Update - April 2014

This update covers a range of important developments in Australia and overseas in the area of foreign bribery policy, investigations and regulation in the first quarter of 2014....These...

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