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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Citation in Perth Casino Royal Commission Final Report
Elise Bant (Consultant)
24 Mar 2022Activity: Industry and government engagement/consultancy › Citation in Australian or overseas Parliamentary department, intergovernmental and NGO reports
File -
Corporate Criminal Liability Options Paper
Elise Bant (Consultant)
10 Jun 2022Activity: Industry and government engagement/consultancy › Citation in Australian or overseas Parliamentary department, intergovernmental and NGO reports
File -
Conference of the Society of Corporate Law Academics
Elise Bant (Participant)
5 Jul 2022Activity: Conferences and workshops › Contribution or participation in a conference
File