Projects per year
Abstract
Many common law, equitable and statutory doctrines and rules concerned to regulate serious commercial misconduct require proof of the defendant's state of mind. This presents a significant hurdle where the defendant is a complex corporation, due to the current unsatisfactory state of the law's attribution rules. Building on the work of corporate theorists and legal philosophers, as well as criminal law reforms, this article proposes a novel model of corporate culpability, which conceptualises the corporate state of mind as manifested in its systems, policies and patterns of behaviour. It illustrates the value of the model by reference to the concept of dishonesty and examples of corporate misbehaviour the subject of examination by the Financial Services Royal Commission.
Original language | English |
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Pages (from-to) | 352-388 |
Number of pages | 37 |
Journal | UWA Law Review |
Volume | 48 |
Issue number | 2 |
Publication status | Published - May 2021 |
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Unravelling Corporate Fraud: re-purposing ancient laws for modern times
8/05/20 → 12/05/24
Project: Research
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Developing a Rational Law of Misleading Conduct
Paterson, J. & Bant, E.
1/01/18 → 31/12/21
Project: Research
Activities
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Fraud and Risk in Commercial Law
Elise Bant (Participant)
15 Jun 2023Activity: Conferences and workshops › Contribution or participation in a conference
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Policy Peeps discussion group
Elise Bant (Speaker)
28 Feb 2023Activity: Service and engagement › Public lecture, debate or seminar
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Submission to Parliamentary Joint Committee on Corporations and Financial Services
Elise Bant (Consultant)
31 Aug 2023Activity: Industry and government engagement/consultancy › Submissions to or appearance before a government committee, inquiry or agency
File