Corporate Crime and Misconduct

We recognise the reputational and financial minefield for organisations who fail to comply with international and domestic law, standards, and best practice when it concerns corporate misconduct and corporate crime. We therefore emphasise risk mitigation as a core aspect of our advisory services.

Our expertise spans the entire spectrum of corporate crime issues, from anti-bribery and corruption to modern slavery, financial crime, compliance, investigations (internal and external) and enforcement. Our expertise extends beyond Australia to high-risk Asian jurisdictions. We regularly work alongside trusted local counsel to expertly guide Australian clients operating in the region on white collar crime and compliance.

We help clients manage corporate investigations with care and confidence. We undertake reviews relating to conduct by individuals, systemic issues in governance or compliance, or external regulatory breaches. Our team combines legal precision with practical insight to uncover the facts, assess risks and support informed decision making.

We are renowned as the premier regulatory and investigations practice, trusted to manage our clients’ most intricate and sensitive regulatory investigations and enforcement actions. This includes representation in inquiries conducted by authorities such as the Australian Federal Police, Australian Securities and Investments Commission, and the Independent Commission Against Corruption.

Our expertise in Federal and State investigations is unrivalled. We have not only represented clients in various Royal Commissions, but we have also acted for the Commonwealth and state Governments as the Solicitors Assisting, for example in the Veteran Suicide Royal Commission, Bushfires Royal Commission, the Home Insulation Royal Commission, the Institutional Response to Child Sexual Abuse Royal Commission and the Yoo-rrook Justice Commission. 

Financial crime, including sanctions, money laundering, tax evasion, fraud, and terrorism financing, is an area of increasing regulatory scrutiny. Our partners are specialists in this specialised domain, offering guidance on compliance with the Australian regime and expectations set by AUSTRAC, the government's financial intelligence agency. 

With a seasoned team dedicated to economic sanctions, we also advise on sanctions and trade control matters across a range of industries, often collaborating with our global counterparts to mitigate risks for our clients. 

Our workplace investigations team spans all industries and sectors and assists clients in managing corporate misconduct, conducting independent investigations into employee conduct and advising on whistleblower disclosures. 

Finally, when moving across regions and into new geographies, our clients rely on us to assist with developing compliance systems that address the legal, ethical, reputational, and commercial issues associated with modern slavery. We have resources to support clients internationally to protect against supply chain risk and navigate the complexities of geo-political and modern slavery issues. Our Asia Pacific expertise uniquely positions KWM to provide expert advice in respect of supply chains heavily geared towards the region.

Examples of recent work

Mallesons has been engaged on an ongoing basis to confidentially advise our clients on the implications of modern slavery legislation introduced by the NSW and Commonwealth governments. This has included:

  • assisting clients to understand the reporting obligations under the Modern Slavery Act 2018 (Cth), including the proposed reforms to that Act
  • working with clients to comply with the reporting obligations, including through the preparation and review of modern slavery statements
  • identifying the extent to which clients will require commitments from third parties in their supply chains and developing a range of bespoke clauses to include in third party supply contracts
  • providing clients with practical guidance on how to identify areas within their supply chains to prioritise implementing modern slavery measures
  • advising on the interaction of Australia’s Modern Slavery Act 2018 (Cth) with the modern slavery regimes of other jurisdictions, including supporting clients to report across multiple jurisdictions

Please visit our dedicated Investigations & White Collar Crime page for more information on how we can support your organisation through complex investigations and white-collar crime matters. 

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For more general enquiries, please email: [email protected] or get in touch with one of our specialists listed below.

WHAT OUR CLIENTS SAY

"Their bench strength of partners is second to none in providing first-rate strategic advice and in managing complex litigation in a sensible and pragmatic fashion."

CHAMBERS & PARTNERS, 2024

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