Articles
Category: Corporate Crime
Australia’s reformed foreign bribery laws to commence September 2024
On 29 February 2024, in line with Australia’s commitment as a member of the OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transitions, the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2024 passed both houses of Parliament. The changes will commence in September 2024.
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A guide to Commonwealth criminal charges
If you are charged with a Commonwealth offence, it will usually be very complex and expert legal advice is crucial.
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Privilege against self-incrimination
The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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When does workplace bullying constitute corrupt conduct?
The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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Corporate criminal responsibility under review
The long-awaited reform of Australia’s laws regarding the criminal responsibility of corporate entities (companies) is moving closer to completion. In Australia today the prosecution of companies is far less common than the prosecution of individuals, even in relation to what might be regarded as ‘white-collar’ or business-related offending.
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Search warrants - what went wrong in ABC journalist Annika Smethurst's case?
Search warrants are a vital tool for police and law enforcement officers in the investigation of crimes. Given they often involve an invasion of the privacy of a person’s home, the law recognizes that such powers need to be exercised in strict accordance with legal requirements.
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Character witnesses – providing character evidence at trial
When a person charged with a criminal offence seeks to rely upon character evidence, it usually falls into one of two categories. In this article, we look at the form of evidence that someone charged with an offence may rely upon at trial in the defence of the allegations.
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Legal Professional Privilege
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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COVID-19 and the impact on criminal court sentencing
Procedures and decisions related to sentencing hearings, particularly where defendants are likely to receive a custodial sentence, have seen significant change in light of coronavirus.
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COVID-19 and the impact on bail applications
Applications for bail are usually required where the police have objected to a defendant being granted bail. The current COVID-19 pandemic has seen a change in the way Queensland courts (and indeed courts across the nation and internationally) are addressing bail applications.
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COVID-19 and the operation of the criminal law courts in Queensland
The work of courts in Queensland has changed rapidly to adapt to the need to reduce physical contact and contain the spread of COVID-19. Physical attendance is being minimised through re-organising the court calendar and using technology to conduct court hearings remotely.
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What is fraud?
Fraud is the criminal offence of intentionally deceiving someone in order to gain an advantage or benefit (or to cause someone else a disadvantage or loss).
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