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Criminal Code Australia

A&O Shearman

New Australian case pushes maximum penalties for corporate wrongdoing higher

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Given the widespread use of “benefit” to calculate penalties across the corporate landscape, a new Australian High Court decision could have a significant impact on all corporations and directors that face civil or criminal...more

A&O Shearman

Penalising benefits obtained from wrongdoing: more bark than bite?

A&O Shearman on

The High Court of Australia has reserved judgment in an appeal considering how to determine the value of a corporation’s “benefit” derived from foreign bribery, for the purpose of setting the maximum penalty for the offence....more

Jones Day

The Future Direction of Corporate Criminal Responsibility in Australia

Jones Day on

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

BCLP

Corporate Criminal Liability – some practical proposals from Australia

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The Australian Law Reform Commission (the “ALRC”) has proposed a number of reforms to Australia’s federal corporate criminal liability regime. The entire document bears close examination. In this article, we focus on the...more

Jones Day

ALRC Proposes Significant Reforms for Australia's Corporate Criminal Liability Regime

Jones Day on

The Situation: The Australian Law Reform Commission ("ALRC") has released its much anticipated Discussion Paper on Australia's corporate criminal responsibility regime, which provides the ALRC's preliminary views in relation...more

Jones Day

Changes Ahead for Australia’s Corporate Criminal Liability Regime

Jones Day on

The Situation: At the direction of the Attorney General of Australia, the Australian Law Reform Commission ("ALRC") is undertaking a comprehensive review of Australia's Commonwealth corporate criminal liability regime. The...more

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