Should ASIC adopt the ‘litigate first’ approach to enforcement and has it been insufficiently tough on banks? Or have we gone too far in our preoccupation with banking mistakes? In his article in Disputes Yearbook 2019, G+T partner Richard Harris argues that "Bankers and banks are now exposed to much higher risks than ever and a greater probability of the risk eventuating."
Commissions + Inquiries
Royal Commissions and Commissions of Inquiry are complex, long running matters, often involving intense media scrutiny and intricate stakeholder management.
Our Disputes + Investigations team are specialists in Royal Commissions and inquiries. We have unparalleled experience acting on both sides of Royal Commissions, which equips us with the insight, scale and expertise to support your business.
We are strategic in our advice. We know Royal Commissions must proceed expeditiously and efficiently and are well versed in navigating the complex subject matter in tight timeframes. We have the depth of experience to be able to read a Commission, and the skills to be able to respond nimbly as changes and developments occur.
What we do
- Advise on large-scale investigations and provide support for lengthy public hearings across multiple locations.
- Provide extensive project management experience and the ability to deal with complex legal issues, organise information, set up teams, systems and processes.
- Understand the procedures and processes involved, including aspects of hearings, subpoenas, witnesses and evidence as well as complex privilege and confidentiality issues.
- Provide innovative technology to efficiently process and protect the large number of documents involved with a Commission or Inquiry.
- Work with professional advisers on a communications strategy that will help clients manage the public nature of the hearings process.
- Deal with Royal Commissions constituted under an array of Commonwealth and State Acts.
Our highly skilled litigation lawyers support our specialist Commissions team by conducting interviews; evidence-gathering; drafting, collating and reviewing evidence; preparing material and submissions and drafting summaries and reports.
- acting as Solicitors Assisting the State of Victoria in the Royal Commission into Management of Police Informants (RCMPI);
- acting as Solicitors Assisting the Commonwealth in the Royal Commission into Aged Care Quality and Safety (ACRC);
- acting for Westpac in the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (FSRC);
- acting as Solicitors Assisting the Royal Commission into the Protection and Detention of Children in the Northern Territory (NTRC);
- acting for the Catholic Church’s Truth, Justice and Healing Council in the Royal Commission into Institutional Responses to Child Sexual Abuse (CARC);
- acting for a high-profile director at the HIH Royal Commission;
- acting for Mirvac on all aspects of the Trade Union Royal Commission;
- Janet Whiting lead the team advising on the Victorian Bushfires Royal Commission;
- acting for various companies involved in the James Hardie Special Commission of Inquiry;
- acting for state-owned enterprises in the Special Commissions for Inquiry into the Glenbrook Rail Inquiry, the Waterfall Rail Inquiry, Sydney Ferries Corporation and the Electricity Transactions Inquiry; and
- acting for a foreign corporation in the AWB Oil for Food Inquiry and for the Cross City Tunnel in a Parliamentary Inquiry.
In addition to these high-profile commissions and inquiries, Gilbert + Tobin has acted for various individuals and corporations in regulatory investigations and examination proceedings brought by regulators such as the Australian Competition and Consumer Commission (ACCC) and the Australian Securities and Investments Commission (ASIC).