It’s now commonplace for companies to be charged with criminal offences. Like individuals, a company’s interests and reputation must be safeguarded when facing prosecution. We provide strategic legal representation in criminal proceedings, aiming to achieve the best possible outcome for our corporate clients while minimising disruption to the business and any reputational damage.

Overview

Corporate criminal liability is an increasingly significant concern for businesses in Australia. Companies can face criminal charges for a wide range of offences, from environmental breaches to fraud and corruption. The Criminal Code Act 1995 and various state laws outline the circumstances under which companies can be held criminally liable, often extending responsibility to directors and executives.

The potential consequences of a corporate criminal conviction are severe, including substantial fines, reputational damage, and restrictions on business operations. These cases often involve complex legal and factual issues, requiring a deep understanding of both criminal law and corporate governance. The stakes are high, with outcomes potentially affecting not just the company, but also its employees, shareholders, and the wider community.

Our approach

We take a comprehensive approach to corporate criminal defence. Our team conducts thorough internal investigations to understand the full context of the alleged offence, working closely with company leadership to develop a robust defence strategy. We consider both legal and business implications, aiming to protect our clients’ interests on all fronts.

Our lawyers are skilled in negotiating with prosecutors and representing clients in court. We strive to resolve matters efficiently, often seeking to avoid charges or secure favourable plea agreements where appropriate. Throughout the process, we prioritise protecting our client’s reputation and minimising disruption to business operations, while ensuring full compliance with legal obligations.

Representative experience

• Successfully defended a mining company against environmental criminal charges, resulting in all charges being dismissed. We presented compelling evidence of the company’s robust compliance program and demonstrated their proactive approach to environmental management, which was key to the favourable outcome.
• Negotiated an enforceable undertaking for a financial services firm facing multiple low-level regulatory breaches over an extended period. Our approach avoided formal charges and allowed the client the opportunity to implement better compliance measures. The agreement included a monitored remediation program, which the company successfully completed, avoiding prosecution.
• Represented a builder in a demolition permit matter. Our defence strategy. Despite a strong prosecution case, we were able to negotiate a resolution involving guilty pleas to some charges, with the remaining being discontinued.
• Defended a transport company against charges related to chain of responsibility laws, achieving an acquittal after a trial. Our defence focussed on systemic flaws in the method of measuring oversized vehicles during roadside inspections.
• Assisted a retail outlet in responding to charges stemming from alleged misleading representations relating to consumers’ rights to refunds. We negotiated a resolution that avoided any financial penalties and included further training for sales staff and ACCC-branded refund rights notices at stores.