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...