White-collar crime in Australia

Allens

Allens operates across the full breadth of market leading bribery, fraud, improper financial conduct and anti-money laundering work, handling a range of disputes, compliance, and risk obligation related issues. The Melbourne team is home to practice co-head Rachel Nicolson, an expert in bribery and corruption issues, as well as Guy Foster who has an illustrious track record in advising on both public inquiries and internal investigations. Co-head Peter Haig counts counter-terrorism financing and anti-money laundering among his key areas of expertise, while Sydney based co-head Chris Kerrigan  is well-versed in matters concerning investigations launched by AFP, AUSTRAC and AER, in addition to the UK’s SFO. Alexandra Mason is an authority on Ch 7 Corporation Act and ASIC Act offences.

Responsables de la pratique:

Rachel Nicolson; Peter Haig; Chris Kerrigan


Autres avocats clés:

Guy Foster; Alexandra Mason; James Campbell; Andrew Maher; Belinda Thompson; Simon Sherwood


Les références

‘Quality commercial legal advice, exceptional partner availability, always reliable, easy to deal with, a pleasure to work with, I feel like they are a safe pair of hands, they’re trusted by us, are at the forefront of change and they will communicate proactively with us on legislative change and industry trends.’

‘Large pool of experts in the areas of investigation, criminal and civil trial, forensic and commercial understanding. ’

‘Consideration given not only to legal issues but practical and commercial ones as well.’

Principaux clients

The Star Entertainment Group


Crown


Snowy Mountain Engineering Company (SMEC)


Westpac


Macquarie Bank


Aware Super


ANZ


KB Securities


Gold Corporation (The Perth Mint)


Principaux dossiers


  • Acting for ANZ in relation to ASIC investigation and subsequent Federal Court proceeding alleging breach of ANZ’s continuous disclosure obligation in relation to the institutional placement.
  • Acting for Star Entertainment Group and its subsidiaries (Star Sydney and Star Queensland (together Star)) in relation to civil penalty proceedings commenced by AUSTRAC in the Federal Court.
  • Advising the Perth Mint in relation to the AUSTRAC appointed external audit into its compliance with the AML/CTF Act and AML/CTF Rules.

Herbert Smith Freehills

Herbert Smith Freehills maintains a stellar track record in bribery, corruption, fraud, whistleblowing, modern slavery and cybercrimes matters. The team, which is predominantly active in the TMT, financial services, banking, energy, professional services and government sectors, is co-led by Leon Chung and Jacqueline Wootton. Chung regularly assists with internal investigations involving insider trading and misconduct, while Wootton frequently represents clients in prosecutions for breach of criminal misleading and deceptive conduct. Andrew Eastwood  is regularly involved in proceedings commenced by the ACCC and ASIC, and Elizabeth Macknay is an expert within the mining and resources industries. Christine Wong is forging a prominent reputation for handling regulatory investigations and actions stemming from the AFP, ASIC, ACCC, ICAA and Royal Commissions.

Responsables de la pratique:

Leon Chung; Jacqueline Wootton


Autres avocats clés:

Andrew Eastwood; Elizabeth Macknay; Christine Wong; Bryony Adams; Jeremy Birch; Merryn Quayle


Principaux clients

AWP Australia Pty Ltd


Ashurst

Ashurst leverages its vast international network to assist clients with a broad range of national and international regulatory and enforcement matters. The team acts for a diverse client base of corporates, financial institutions, government bodies and senior executives, is active in industries such as mining, construction, energy, pharmaceuticals and telecommunications. The corporate crime practice is led by Sydney-based Rani John whose far-reaching expertise includes bribery of public officials, market manipulation, criminal cartels and ASIC investigations; whilst Nicholas Mavrakis serves as a key port of call for financial services-related proceedings.

Responsables de la pratique:

Rani John; Jeremy Chenoweth; Stephen Woodbury; Lea Constantine; Corey McHattan


Autres avocats clés:

Nicholas Mavrakis; Ian Bolster; Catherine Pedler


Les références

‘Premium advisers in a difficult high-risk area – the firm has deep experience and provides carefully considered advice. Highly responsive to client needs and listens carefully to sensitivities. Go-to advisers for challenging issues.’

‘Nick Mavrakis is a standout adviser in providing quality advice on complex issues and makes judgement calls on challenging matters with sense and experience. He is adept at dealing with opponents and will focus on key issues while ensuring all relevant areas are covered.’

‘The practice has had to address a diverse range of white collar offences primarily from a corporate perspective and manage the implications of that for directors and officers. With the increasing focus on cartel and foreign bribery offences Ashurst is uniquely placed in terms of experience.’

Principaux clients

CPH Crown Pty Limited


Noumi Limited (formerly Freedom Foods Group Limited)


Societe Generale Securities Australia Pty Ltd


TerraCom Limited


Alkaloids of Australia Pty Ltd


Rio Tinto Limited


PricewaterhouseCoopers


Westpac Banking Corporation


Principaux dossiers


  • Assisting Noumi Limited in relation to an ASIC investigation and civil penalty proceedings commenced by ASIC, concerning substantial accounting irregularities connected with the treatment of obsolete inventory and recognition of revenue.
  • Acting for the ASX-listed multinational mining company, Rio Tinto Limited, in civil penalty proceedings before the Federal Court of Australia commenced by ASIC in March 2018 concerning an alleged failure to promptly impair an overseas mining asset at 2012 half-year in accordance with the relevant IFRS international accounting standards.
  • Acting for PwC defending substantial privilege dispute in which the Commission of Taxation is challenging over 15,000 privilege claims in the Federal Court.

Clayton Utz

Clayton Utz is known for handling a varied array of mandates, from white-collar, enforcement, regulatory and corporate investigations through to anti-bribery and corruption proceedings and risk management issues. In Sydney, Tobin Meagher‘s primary areas of focus are fraud and bribery matters, in addition to acting in proceedings before the ACCC, AFP and ASIC; Meagher leads the team alongside the Perth-based David Benson, who garners acclaim for his work within the energy and resources industries. Further key fields of activity for the group include the financial services, pharmaceutical and the government sectors.

Responsables de la pratique:

Tobin Meagher; David Benson


Autres avocats clés:

Jonathan Slater


Les références

‘Clayton Utz has excellent capabilities in this space, back up by deep experience in regulatory investigations and contested hearings. This end-to-end experience makes it well positioned to ensure that potential pitfalls are identified, addressed and managed early in the engagement to help achieve a successful result.’

‘Tobin Meagher and his team stand out in this space through the excellent legal knowledge and analytical skills, backed up a commitment to the timely delivery of work product.’

‘The team are incredibly attentive and dive deep to understand our business. Every discussion is more pointed and meaningful as a result.’

Principaux clients

Rentokil Initial Pty Ltd


Creative Promotions Pty Ltd


Commonwealth Bank of Australia


Sheahan Lock Partners, as liquidators for Marbin Finances Pty Ltd and various other companies


Principaux dossiers


  • Acted for Rentokil Initial who sued a former employee and his companies in the Australian Federal Court for a $3.4M fraudulent scheme involving fake invoices.
  • Acting for Creative Promotions, who is suing a former employee and his wife before the Australian Federal Court to recover $3.4M fraudulently paid to third-party accounts. Freezing orders were promptly obtained on assets to prevent disposal and ensure enforcement of future judgment.
  • Represented Sheahan Lock Partners, liquidators for Marbin Finances and other companies, in a high-profile legal battle against a family for evading Australian taxation laws using intricate loan schemes.

Corrs Chambers Westgarth

Highly regarded for its experience in prominent public inquiries, Corrs Chambers Westgarth is active on an array of corporate enforcement, insider trading, anti-bribery, corruption and anti-money laundering mandates. The practice also handles numerous internal investigations involving ESG, whistleblowing and misconduct. The practice is headed from Melbourne by Abigail Gill, an expert within the mining and financial services industries.

Responsables de la pratique:

Abigail Gill


Autres avocats clés:

Craig Phillips; Simon Johnson; Richard Flitcroft; Anna Ross; James Whittaker


Les références

‘Strengths include technical abilities. ’

‘The practice is uniquely placed to support large-scale regulatory and litigation matters due to the extensive pool of talent it can readily draw from, including paralegals and legal technology experts. The practice has lawyers who are highly skilled in identifying key legal risks associated with investigations involving white collar crime. ’

‘Simon Johnson is extremely responsive and pragmatic. A pleasure to work with.’

Principaux clients

Google


ME Bank


Queensland Government


NSW Police


Former Secretary of the Department of Human Services


NAB


Meta


Principaux dossiers


  • Successfully defended Google in the landmark ACCC v Google regulatory enforcement action.
  • Engaged by the Queensland Government in relation to the external review of the Queensland operations of The Star Entertainment Group Limited.
  • Acting for ME Bank, a company wholly owned by Bank of Queensland Limited, in relation to the prosecution of charges in the Federal Court of Australia under the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act).

Allen & Overy LLP

Excelling in both compliance and contentious mandates, Allen & Overy LLP acts on the full array of anti-bribery and corruption mandates, demonstrating a distinct ability for matters overlapping with US and Hong Kong authorities. Former practice head Jason Gray has since left the firm.

Les références

‘The firm stands out for its knowledge of debt securities issuance and financial markets trading regulatory requirements’

‘I value highly both their industry knowledge and experience across both legal requirements and operating risk consulting advice in the context of wholesale financial markets trading in Australian legal and regulatory compliance context. ’

Principaux clients

Aboitiz Equity Ventures


Fortescue Metals Group / Fortescue Future Industries


Japanese global car manufacturer


Japanese global automotive company


Chrysos Corporation Ltd


Board of Directors of Star Entertainment Group


Acting CEO and CFO of ASX listed financial services company


Board member of Australian and London listed resources company


CFO of Australian listed resources company


WeLab


Arnold Bloch Leibler

Arnold Bloch Leibler, which is adept before ASIC, ACCC, ATO and AFP investigations, assists clients accused of corruption, insider trading, fund misappropriation and misleading or deceptive conduct, among other matters. Melbourne-based practice head, Leon Zwier, fronts the practice.

Responsables de la pratique:

Leon Zwier


Autres avocats clés:

Jonathan Milner; Susanna Ford; John Mitchell; Elyse Hilton


Les références

‘High quality, experienced staff providing excellent service and outcomes.’

‘From juniors through to senior partners, ABL offers experience in commercial matters and criminal practice, making it a market-leader in white collar crime.’

‘Jonathan Milner – excellent insight into commercial matters and sophisticated understanding of strategies for litigation. John Mitchell – very good operator who has excellent insight into commercial practice. Also makes valuable contributions in all litigation. Susanna Ford – experienced litigator and market-leader in preparation of white collar crime matters for trial.’

Principaux clients

Former CEO of Deutsche Bank and former head of Equity Capital Markets Australia and New Zealand at Deutsche Bank


Non-executive directors of The Star Entertainment Group Limited


Former Chief Executive Officer of Leighton Holdings


Phoslock Environmental Technologies Ltd


Former director of Capital Mining Ltd


Non-Executive Chairman of PointsBet


Former CEO of Sinclair Knight Merz (now Jacobs Group)


Honda Australia


Principaux dossiers


  • Acted for two former senior executives of Deutsche Bank in criminal proceedings commenced by the ACCC, alleging criminal cartel conduct in connection with a $2.5 billion institutional placement of ANZ shares in 2015.
  • Acting for six current or former non-executive directors of The Star Entertainment Group Limited in civil penalty proceedings commenced by ASIC.
  • Acted for the former Chief Operating Officer of Leighton Holdings, in defending criminal charges relating to his alleged role in the international Unaoil scandal.

Baker McKenzie

Baker McKenzie supports a broad range of clients on investigation, enforcement and risk management matters, both domestic and multijurisdictional. Based in Sydney, Georgie Farrant leads the practice, leveraging a track record in anti-money laundering, bribery, corruption, risk assessment, fraud, whistleblowing and insider trading affairs.

Responsables de la pratique:

Georgie Farrant


Autres avocats clés:

Alex Wolff; Helen Joyce


Les références

‘The B&M has significant unique experience in running high-profile white-collar crime matters. The depth of experience and whole of service response make it a go-to firm for such matters.’

‘Alex Wolff’s depth of experience, mastery of establishing and motivating the appropriate teams and client management all combine to make him a consummate professional in this field.’

‘Helen Joyce’s laser like focus on detail make her a formidable asset in any complex litigation.’

Principaux clients

ALS Limited


Fujifilm


Principaux dossiers


  • Successfully represented a private individual in his defence of two counts of insider trading in relation to the disposal of over 8 million shares in Vocus to the value of approximately AU$26m.
  • Continuing to act for ALS Limited, an ASX listed company employing over 13,000 staff in over 65 countries with annual global turnover exceeding AU$1.6bn.
  • Serving as a long-term advisor to Fujifilm advising in relation to the preparation and implementation of its anti-bribery and corruption and whistleblower policies and procedures including advising in relation to the intersection with global laws and policies.

Dentons

Dentons leverages its expansive international footprint to support on local and global enforcement and investigation matters. The team, which has recently noted an uptick in data privacy, modern slavery, corporate governance and greenwashing allegations related instructions is led from Sydney by Ben Allen.

Responsables de la pratique:

Ben Allen


Autres avocats clés:

Elise Ivory; Amber Warren


Principaux clients

Avis Budget Group


Watches of Switzerland


Rapid Response Revival


Canadian Imperial Bank of Commerce


State Bank of India


Gate.io


Bridgit


World Mobile Token (BVI) Ltd


Fifth Third Bank


Bank of Hope


Wisr


Releaseit


Principaux dossiers


  • Advised Watches of Switzerland on anti-money laundering laws and implications for privacy/cyber security arising from customer relationship management and database management strategies.
  • The Canadian Imperial Bank of Commerce (CIBC) is a Canadian multinational banking and financial services corporation headquartered Toronto, Ontario that engaged the team to advise on the launch of its International Student Pay (ISP) Platform in Australia.

DLA Piper

The team at DLA Piper is noted for its vast knowledge of matters relating to inquiries and investigations, in addition to prosecutions under the Corporations Act and anti-money laundering issues. Natalie Caton leads the team from Brisbane, and is known for her longstanding expertise in bribery and corruption, modern slavery, and counter terrorism financing law, while Melbourne’s John Fogarty is noted for acting in data breaches and Royal Commissions. Matthew Spain left the practice to join Clayton Utz  in May 2023.

Responsables de la pratique:

Natalie Caton


Autres avocats clés:

Matthew Spain; John Fogarty


Principaux clients

The Victorian Gambling and Casino Control Commission


Victorian Commission for Gambling and Liquor Regulation


Australian Competition and Consumer Commission


Australian Securities and Investments Commission


Aioi Nissay Dowa Insurance Company Australia


CBRE


Airtrunk


Ashton Raggatt McDougall Pty Ltd


AAI Limited trading as Suncorp Insurance


Principaux dossiers


  • Advising various clients across the technology, energy and natural resources, infrastructure construction and transport, health, insurance sectors in relation the development of their modern slavery programmes. This includes organisational and supply chain risk assessments, bespoke policy formulation, board and c-suite training, the development of annual modern slavery statements, and monitoring and review.
  • Acting for the Victorian Gambling and Casino Control Commission in relation to the Casino Operator and Licence disciplinary proceedings and related investigations. The firm is providing ongoing advice to the VGCCC in relation to a its review of Crown Melbourne has become a suitable casino operator, its forthcoming licence decision, and on the consequences of that decision.
  • Advising the Australian Securities and Investments Commission on an investigation into ANZ Banking Group concerning allegations that ANZ overstated credit card balances.

Gilbert + Tobin

Gilbert + Tobin draws together lawyers with notable litigation, regulatory, tax, corporate and competition expertise. The team is headed by Richard Harris, a name well-versed in investigations, regulatory enforcements and related litigation, and operates across matters including corruption, anti-bribery, corporate misconduct, anti-money laundering and counter terrorism financing.

Responsables de la pratique:

Richard Harris


Principaux clients

Nuix


Westpac Banking Corporation


Deloitte


Macquarie Bank


JP Morgan


PayPal Australia


Tabcorp


Former executives from Star Entertainment Group


SkyCity Adelaide


Commonwealth Bank Group


PwC


Credit Suisse Group


Principaux dossiers


  • Advising SkyCity Adelaide in relation to major AUSTRAC enforcement alleged breaches of the anti-money laundering and counter-terrorism financing laws relating to the provision of designated services by SkyCity Adelaide to its customers.
  • Advising Westpac and a number of its directors and senior executives in relation to an ASIC investigation, an APRA investigation and a class action proceeding, which arose from proceedings commenced by AUSTRAC (Australia’s financial intelligence government agency) against Westpac in the Federal Court.
  • Advising Nuix Limited and a number of its directors and senior executives in connection with ASIC’s investigation into matters arising from the company’s initial public offering and its financial performance following that.

Johnson Winter Slattery

Johnson Winter Slattery is home to far-reaching expertise spanning money laundering, regulatory criminal investigations/prosecutions, whistle-blower complaints, and trade sanctions advice. Practice head Robert Wyld  has handled matters throughout Asia, the Middle East and the Americas throughout his 30-year career; his team is especially knowledgeable of internal investigations within the construction, energy, resources, health, procurement, aviation and defence sectors.

Responsables de la pratique:

Robert Wyld


Autres avocats clés:

Robert Johnston; Kirsten Scott


Les références

‘JWS has experienced practitioners, particularly in cross-border issues like anti-corruption. ’

‘Robert Wyld is recognized globally as an anti-corruption expert. He has served as co-chair of the IBA anti-corruption committee and frequently contributes to thought leadership on anti-corruption initiatives. He is the leading practitioner in Australia for anti-corruption issues. I regularly refer clients to Rob and they are all incredibly happy with his advice and wonderful personality. ’

‘The firm of choice in Australia and New South Wales in every respect. In key Partners Robert Wyld and Robert Johnston, JWS have the leading practitioners in the anti-corruption and litigation community, both domestically and internationally. Exceptionally talented individuals and a great pleasure to know and work with. ’

Principaux clients

International Bar Association (IBA)


Obela Fresh Dips and Spreads Pty Ltd


Gladys Berejiklian


Australian Securities & Investments Commission (ASIC)


Principaux dossiers


  • Acting for an individual in a successful defence of the first foreign bribery trial taken to trial when the charges against all individuals were either withdrawn or were the subject of an acquittal finding by a jury.
     
  • Acting for IBA, in ongoing international pro bono work, particularly on the policy reform work in Ukraine, in circumstances where the country is exposed to an aggressive invader yet is managing to address structural reform issues.

Minter Ellison

Active on bribery, fraud, compliance, investigation and insider trading litigation mandates, Minter Ellison is routinely active before ASIC and ACCC, among other federal and state agencies. James Beaton, based in Sydney, is an expert in corruption, anti-bribery, governance and compliance matters, in addition to matters pertinent to the Corporations Act.

Responsables de la pratique:

James Beaton


Autres avocats clés:

Ross Freeman; Caitlin Murray; Philip Stefanovski


Les références

‘The number one law firm practice for white collar matters in Melbourne.’

‘Philip Stefanovski is a leader of the firm in this area. He and the team are both very strong technically and are the go-to practitioners for white collar matters. They are, quite simply, outstanding.’

‘Aware, proactive and experienced.’

Principaux clients

Westpac Banking Corporation and Westpac New Zealand Ltd


Australian Securities and Investment Commission


Dexus


Norton Rose Fulbright

The Australian offices of Norton Rose Fulbright supports clients on cross-border and domestic investigations throughout Asia, the US, UK and Europe. The team is led by Abigail McGregor in Melbourne who has recently been instructed on corruption conduct and risk management, anti-bribery and whistleblowing mandates. Elsewhere, in Sydney, the team recently welcomed Sonja Marsic who joined from the Australian Government and has a track record in anti-money laundering, misconduct allegation and international sanctions affairs.

Responsables de la pratique:

Abigail McGregor


Autres avocats clés:

Scott Atkins; Rajaee Rouhani; Sonja Marsic


Les références

‘The partners in a team have unique backgrounds – extensive in-house practice and deep relationships with the regulator – which are valuable in this area. I’ve also appreciated the firm’s clear commitment to growing their expertise in this field, with a number of recent partnership appointments. ’

‘Their appreciation for the practical difficulties faced by organisations in our sector when dealing with a highly complex and technical legislative regime is appreciated. ’

Principaux clients

Australian Securities and Investment Commission


Principaux dossiers


  • Acting for the Australian Securities and Investments Commission (ASIC) in its proceeding against 11 directors and officers of The Star Entertainment Group Limited.

Clifford Chance

Primarily based in Sydney, the practice group at Clifford Chance handles mandates involving enforcement agencies, displaying broad expertise in advising on post-settlement remedial actions, crisis management and proceeds of crime matters.  Angela Pearsall is particularly adept at acting for accounting firms in financial reporting litigation. Dividing her time between Hong Kong and Sydney, Donna Wacker frequently handles investigations into cryptocurrency trading platforms and rate-fixing. Since publication, former practice co-head Tim Grave departed in February 2024.

Responsables de la pratique:

Angela Pearsall; Donna Wacker


Autres avocats clés:

Lara Gotti


Les références

‘Incredibly disciplined & thorough across both detail & summary level of key issues. Strong subject matter expertise. Empathetic.’

Clyde & Co LLP

At Clyde & Co LLP, the team leverages extensive knowledge of internal and regulatory investigations in addition to and civil and criminal prosecutions and risk assessment work. The team is co-led by Sydney-based Avryl Lattin, a sanctions, money laundering, fraud, bribery and corruption expert, alongside Jehan-Philippe Wood who works from Perth and specialises in corporate governance affairs, regulatory and professional investigations, compliance programs and human rights issues in the business context.

Responsables de la pratique:

Avryl Lattin; Jehan-Philippe Wood


Les références

‘Diverse experience.’

‘Personal service and they make us feel valued as a customer.’

Principaux clients

John Palermo, Prime Corporate Management Pty Ltd


Principaux dossiers


  • Advising John Palermo, Prime Corporate Management Pty Ltd, and Chubb Insurance Company of Australia. John Palermo Jnr is a very successful and highprofile Perth based Chartered Accountant.
  • Advising a confidential consulting company and CGU insurance on claims by clients who had funds stolen from them by a former employee of the consulting company.
  • Acted for Victoria’s Independent Broad-based Anti- Corruption Commission (IBAC) commenced Operation Sandon in November 2019 which was concerned with potential corrupt conduct by Councillors in the City of Casey, Victoria.

King & Wood Mallesons

Headed by Edwina Kwan, King & Wood Mallesons is acclaimed for its assistance to clients regarding issues including employee conduct investigations and whistle-blower affairs, and assists clients investigated by bodies such as ASIC and the AFP. In addition, the group is increasingly active on sanction, money laundering, fraud, terrorism financing and tax evasion instructions.

Responsables de la pratique:

Edwina Kwan


Autres avocats clés:

Dale Rayner


Principaux dossiers


  • Engaged on an ongoing basis to confidentially advise our clients on the implications of the recent passing of modern slavery legislation by the NSW and Commonwealth governments.