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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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October 24, 2024 | 8:00 AM - 9:00 AM ACDT

In-Person Event |  

LK Law offices, 
Level 23, 
25 Grenfell Street, 
Adelaide  SA
 

Pricing
Members: $0
Non-members: Member Only Event
Non-members In-House Counsel: Member Only Event
Category
Professional Skills

Overview (Program Summary)

A program hosted by:

ACC Australia

A Continental Breakfast will be provided from 7:30am. Doors open at 7:15am.

Car parking is available within a short walking distance at Rundle Place Car Park on Grenfell Street or the U-Park on Wyatt Street. Limited on-street parking is available in Pirie Street and Gawler Place.


How should a company respond when criminal conduct is discovered within the organisation? Should any individuals involved be confronted? Might it be appropriate to involve the police? Could the company itself face liability or other risk? What if the company is the victim of an external fraud, or discovers other crime in the course of its business?  

This seminar explores a company’s potential responses to these scenarios and more, with the aid of real-world and hypothetical case examples. Understand the legal implications for your business, and implement strategies to mitigate risks while ensuring compliance with the law.

Occasionally, and despite best efforts, organisations are affected by criminal conduct. This conduct may take the form of theft or fraud by an employee or director, contravention by the company of criminal laws (for example the newly created offence of Industrial Manslaughter), or criminal conduct directed against the organisation by a third party.

Where criminal conduct has been uncovered, officers and in house counsel will need to respond to protect the organisation’s position and discharge their professional obligations.

This session will consider some of the common ways in which criminal conduct can affect an organisation, and the different obligations that each kind of conduct will raise for officers and in house counsel.

The presenters have experience in advising companies and liquidators in situations where there may have been criminal conduct, either by an employee of the company or an outside party.  

Key takeaways from this session will be:

1.    Identification of the different kinds of criminal conduct that can affect an organisation;
2.    Obligations of officers and in house counsel when potentially criminal conduct is uncovered within the organisation, including disclosure and reporting requirements;
3.    Common implications and consequences of criminal conduct; and
4.    Strategies for responding to criminal conduct.


Speakers

Rowan Tape

Rowan Tape, Principal, LK

Rowan has experience in a range of commercial disputes involving litigation and arbitration in Australia and Hong Kong, with particular expertise in claims against company directors, auditors and third parties arising from corporate fraud and insolvency.  

Rowan has conducted inquiries and investigations requiring him to work closely with external parties including liquidators, forensic accountants, expert witnesses and law enforcement agencies.


Patrick Leader-Elliott

Patrick Leader-Elliott, Special Counsel, LK

Patrick has extensive experience in complex commercial and insolvency litigation, and in the investigation of fraud.  He has acted in civil cases in the Federal Court and Supreme Court of South Australia relating to employee fraud and worked closely with SAPOL in related criminal prosecutions.  

In addition to these matters, Patrick worked on the long-running Bell litigation, which resulted in the recovery of almost AU$2 billion for creditors of the insolvency Bell group of companies, and investigations related to proceedings against an insolvency company’s former directors and accountant.

Notes

*Competitor Exclusion – ACC Australia Partner’s may request that representative/s of a competitor organisation/s registered for the event be excluded, and ACC Australia reserves the right to make the final decision as to whether a registration is rejected. As a guide, a competitor organisation could be defined as a rival organisation of similar size to the host Corporate Partner, with an established practice, product or service in the area being showcased by the Corporate Partner’s at the event. Please provide a brief statement as to why you have deemed an organisation to be a competitor, in support of any request to ACC Australia to reject a registration. 

CLE

Credits: 1 CPD Point
Category: Professional Skills

Sponsored By

ACC