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Defence of statutory prosecutions
The regulatory framework under which many businesses and professionals operate frequently contains penalties and the potential for prosecution for breaches of specific aspects of the relevant legislation and regulations. Under various statutory liability policies, we regularly defend company directors and executives charged with offences by the responsible government entity. We also represent a wide range of professionals facing disciplinary proceedings brought by professional registration boards.
Matters typically involve appearing for the defendants in courts and tribunals; reviewing the charges and gathering evidence to refute the charges or to have them thrown out; and reviewing compliance with the required processes and procedures.
Some recent matters we have been involved in include:
To find out more, please contact our Insurance & Health team.
Matters typically involve appearing for the defendants in courts and tribunals; reviewing the charges and gathering evidence to refute the charges or to have them thrown out; and reviewing compliance with the required processes and procedures.
Some recent matters we have been involved in include:
- Acting for a professional in relation to disciplinary proceedings brought by ASIC
- Representing engineers at the Board of Engineers and Commercial and Consumer Tribunal and in relation to the safe design of industrial structures
- Defending company executives against statutory liability charges resulting from an alleged breach of truck driving fatigue regulations
- Defending a workplace health and safety prosecution against an insured in the Industrial Magistrates Court following electrocution to an employee
To find out more, please contact our Insurance & Health team.