Are you defending ASIC charges? Defending these cases require a thorough understanding of the reach and scope of ASIC’s investigatory and coercive powers. You need to sit with lawyers who deal with Court prosecutions and are experienced in the area. Call our Melbourne Office on (03) 9670 5111 and speak to one of the partners today.
Firstly it is imperative to establish that there is no further opportunity for civil penalty.
As demonstrated in the case Australian Competition and Consumer Commission v Pratt (No 3)  FCA 407, it was determined that the successful civil action against Visy and Richard Pratt for price-fixing could not be used to pursue criminal proceedings. There is a vast difference in defending ASIC charges of a criminal nature versus civil charges. The main point being that criminal charges entail a greater burden of proof than civil.Secondly, fact finding and analysis is crucial. Obtain copies of the ASIC (section 19) interview, draft statements and investigators’ notes.Strategy is key. Discuss your options with your lawyer if you are defending ASIC charges. There is a lot of work that you can in defending ASIC charges. The main strategic imperative is not to be passive but to work out your defence and pursue it.
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