February 2025 Edition of View from the Hill
Our February edition of View from the Hill – our regular newsletter containing information and insights regarding legal and investigative issues concerning fraud, corruption, and professional misconduct - is now published. View Edition
January 2025 Edition of View from the Hill
Our January edition of View from the Hill – our regular newsletter containing information and insights regarding legal and investigative issues concerning fraud, corruption, and professional misconduct - is now published. We expect that you have had an enjoyable...
Garslev Holdings Pty Ltd v Overdean Developments – Case note
On Monday 30 October, the New South Wales Court of Appeal handed down a judgment clarifying an important point of law for directors of companies. The cross-appeal in Garslev Holdings Pty Ltd v Overdean Developments Pty Ltd [2023] NSWCA 259 explored the personal...
The Benefits of Private Prosecutions
https://youtu.be/TfscO_ZbXr8
Tam McLaughlin on investigation capabilities of Duxton Hill
https://youtu.be/aTRTH_Yxzn0?si=m3qXlPIUkD9jZ4Jd
Andrew Tragardh recognised in Doyles Guide – Leading White Collar Crime, Corporate Crime & Regulatory Investigations Lawyers – Australia, 2023
We are delighted to announce our founder, Andrew Tragardh has been recognised in Doyles Guide in the category of Leading White Collar Crime, Corporate Crime & Regulatory Investigations Lawyers - Australia, 2023.
The King v Jacobs Group – Case note
On Wednesday 2 August, the High Court handed down a judgment in The King v. Jacobs Group (Australia) Pty Ltd formerly known as Sinclair Knight Merz [2023] HCA 23 which may have ramifications for several corporate penalties. The court concluded that in assessing the...
Evan Whitelaw, Head of Google’s Global Investigations Team presents at AIPI Victorian Chapter Meeting
Our team at Duxton Hill had the pleasure of hearing from Evan Whitelaw, Head of Google's Global Investigations Team at the AIPI Victorian Chapter Meeting on 2 August 2023. Evan spoke on the diverse range of security-related investigations conducted by Google's Global...
Duxton Hill presents at Equifax Fraud Focus Group 2023
We were delighted to have been invited to present at the Equifax 'Fraud Focus Group' Forum today. Our founder Andrew Tragardh spoke to attendees on maximising recovery in response to fraud. We also heard from Luke Raven on the correlation between fraud prevention and...
Special Counsel Dr Aaron Lane provides ABC Radio National commentary on regulatory action against cryptocurrency exchanges
Last Thursday, Duxton Hill Special Counsel Dr Aaron Lane was interviewed on ABC Radio National’s PM program regarding regulatory action against cryptocurrency exchanges. Dr Lane is internationally recognised for his expertise in blockchain technology and...
Fraud and the necessity to trace lost funds
Described as Australia’s worst case of catfishing, last Sunday our very own Tam McLaughlin was featured in 60 Minutes’ exclusive report into fraudster Lydia Abdelmalek. The episode covered Abdelmalek’s decade-long catfishing crimes, with Tam discussing the...
National Anti-Scam Centre’s launches its first fusion cell to disrupt investment scams
Duxton Hill welcomes the creation of the National Anti-Scam Centre’s investment scam fusion cell, led by the ACCC and ASIC, as it appears to be a good first step in the fight against fraudulent investment scams in Australia. The taskforce seeks to bring together...
Inside the fraud ring using Telegram to sell stolen bank details
Insight from the UK fraud ring where fraudsters freely sell stolen bank details on a social media messaging platform highlights the fruitless efforts of police investigations and criminal prosecution to recover defrauded funds. Article extracted from The Times, Emma...
Announcements in scam protection measures leave room for improvement
This week has seen two welcome announcements in the fight against fraud. The first is the creation of the National anti-scam centre set to open in July. The government has committed $58 million to creating the centre which will be run by the Australian Competition and...
The Court’s perspective and treatment of cryptocurrency crime
Last week, our very own Dr Aaron Lane featured in ABC Radio National's Law Report, hosted by Damien Carrick. The episode explored the court's perspective and treatment of cryptocurrency crime, with Aaron discussing the common cryptocurrency scams he’s encountered in...
ACCC calls for urgent action to halt spiralling scams
With digital fraud schemes and scams continuing to burden consumers, long-awaited reforms seeking to prevent and remove scams may soon be realised: read the below article extracted from The Australian Financial Review, Tom Burton 19 January 2023. A doubling in scams...
Target of IBAC investigation John Woodman claims legal victory
We welcome the decision of the Court in upholding our client's right to procedural fairness. Read the judgment, Woodman v IBAC [2022] VSC 684; Woodman v IBAC (No 2) [2022] VSC 753 Article extracted from The Australian, Angelica Snowden 19 October 2022 The main target...
House of Lords – The UK has retreated from the fight against fraud
The House of Lords in the UK has released a grim assessment of the fight against fraud. In a bleak review of the current systems in place to prevent fraud, the report suggests six changes to improve the crime fighting institutions. The report notes a dramatic increase...
Decision in Woodman case against IBAC over corruption report to remain secret for weeks
Article extracted from The Age, David Estcourt, 10 November 2022. A judgment in a lawsuit brought by allegedly corrupt developer John Woodman against Victoria’s integrity watchdog will be kept secret for weeks while it remains subject to a confidentiality order....
Lawyers’ Duties to Witnesses in Civil Cases Who May Be Exposed to Criminal Charges
A recent case in the Victorian Court of Appeal, Villan v State of Victoria [2022] VSCA 106 (Villan), provides guidance to lawyers on their duties to witnesses in civil cases. In some circumstances, lawyers are bound to notify witnesses that: allegations made against...
Public Hearings and the National Anti-Corruption Commission
We continue to see commentary from politicians and certain sections of the legal community regarding the proposed National Anti-Corruption Commission’s (NACC) ‘exceptional circumstances’ threshold for holding public hearings. They argue it will prevent the NACC from...
National Anti-Corruption Commission – devil in the detail
Most of the media coverage regarding the proposed National Anti-Corruption Commission (NACC) has been about the ‘exceptional circumstances’ threshold for public hearings, but little has been said about the dozens of other...
Fraud cases are the tip of the iceberg
Article extracted from The Australian Financial Review, 30 September 2022. Companies wanting to avoid white-collar crime need to be more proactive and put in place preventive measures to ameliorate risks. White-collar crime is back in the news thanks to the coroner’s...
Australian crypto exchange appoints administrators
Article extracted from The Australian Financial Review, Max Mason and Jonathan Shapiro 27 September 2022. Queensland-based cryptocurrency, digital asset exchange and brokerage Mine Digital has collapsed and control handed to external administrators, amid a dispute...
Missing devices in crypto scam case thrown away under company policy
Article extracted from The Australian Financial Review, Max Mason 6 July 2022. A self-managed super fund trying to recover $1.6 million lost to international scammers has been told in court documents that a laptop and phone belonging to a crypto exchange executive are...
Duxton Hill’s Graham Ashton features in The Age
Bali bombing top cop confident new TV drama will get it right by Karl Quinn, The Age, 30 August 2022 The man who led the international contingent of the police investigation into the Bali bombing won’t be passing judgment on the actor who plays him when drama...
With no false modesty, we gladly accept the suggestion we are the best!
Article extracted from The Age, David Estcourt and Kishor Napier-Raman 26 August 2022 If you’re allegedly corrupt developer John Woodman, you’re used to the best. The Ferrari-driving property mogul is known for his extraordinary financial arrangements, suitcases filled...
Potential significant expansion of the Quincecare duty
A recent case in the UK, Philipp v Barclays Bank UK PLC [2022] EWCA Civ 318, has potentially expanded the Quincecare duty of care. The Quincecare duty requires banks to refrain from executing instructions if they have been put on inquiry that an agent representing the...
Speed, flexibility and control – the benefits of civil proceedings for victims of fraud
The eventual conclusion of a recent criminal case in the Victorian Court of Appeal, Gonzalez v The Queen [2022] VSCA 110, has highlighted the incredible difference between the speed and efficiency of the civil and criminal systems for delivering justice for victims of...
Special Counsel Dr Aaron Lane provides comments to ABC news on Celsius Network’s bankruptcy
Cryptocurrency lender Celsius Network filed for bankruptcy protection in the United States last month, leaving investors stranded and prompting probes from US regulatory enforcement agencies. Duxton Hill Special Counsel Aaron Lane is quoted in this report from ABC...
#1 Beware of the provenance of documents received from outside your organisation
A recent decision of the Supreme Court of Victoria highlights the importance of in-house counsel, executives, and management checking the provenance of documents received from outside the organisation. In Re Ramsay Health Care Australia Pty Ltd [2022] VSC 226, the...
Special Counsel Dr Aaron Lane features on ‘The Conversation’
In an article for The Conversation, Duxton Hill’s Special Counsel Dr Aaron Lane shares his latest reflections on the cryptocurrency policy progress in Australia, arguing that new rules for cryptocurrency assets will protect consumers and innovators. To read the full...