Regulatory Compliance and Disputes

Minter Ellison's regulatory compliance and disputes team has an unmatched reputation for expertise across a range of areas, including financial services, corporations and industries subject to government regulation and oversight.

We are recognised as having particular expertise in acting for individuals and corporations in investigations, in regulatory and administrative tribunal hearings, and in state and federal courts dealing with civil enforcement and the defence of criminal prosecutions.

In recent years, we have acted for senior executives and board members of James Hardie and OZ Minerals in Australian Securities and Investments Commission investigations. We have defended market misconduct cases involving insider and market manipulation in the criminal courts. We have acted for Ergon Energy and electricity networks across the country before the Australian Competition Tribunal.

We also have extensive experience in dealing with other regulators such as the Australian Crime Commission, the Australian Prudential Regulation Authority and the Australian Taxation Office.

We have good relationships with Australia’s principal regulators and have sat on various boards and advisory sub-committees at the request of these bodies from time to time.

Publications
Awards & Recognition
Alert – Extension to the start date of legislation for taxing the earnings from the commercial activities of NFP entities
3 April 2012

The government has announced that it will extend the start date for implementation of the tax reform measure Better Targeting for Not-For-Profit Tax Concessions to 1 July 2012. The legislation was originally intended to apply from 1 July 2011.  The reason given for the extension is to satisfy concerns from the not-for-profit (NFP) sector about the need for further consultation.

Directors' defence costs under attack – pro-plaintiff charge extends to limits of D&O policy
29 February 2012

The New Zealand High Court decision of Steigrad & Ors v Bridgecorp Limited & Ors (2011) holds that the statutory charge equivalent to section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) in favour of a plaintiff or prospective plaintiff extends to the whole of the limit of liability under a D&O policy, regardless of the directors’ cover for defence costs under that policy.  The potential reach of this decision goes beyond D&O policies.