Civil penalty proceedings are civil actions commenced by regulators and other authorized bodies for the purpose of obtaining financial penalties or other remedies against individuals or corporations for breaches of certain laws or regulations.
Civil penalty provisions may be found in laws affecting a wide range of sectors, industries, and practice areas, including financial services, labour regulation, taxation, energy, competition law, and the environment.
Where the court finds that a breach has occurred, the penalties involved may be financially significant and impactful on a person or business.
While civil penalty proceedings are distinct from criminal prosecutions, they also differ from conventional civil actions in material ways. It is critical that practitioners acting on behalf of Australian individuals and businesses understand the nature of civil penalty proceedings and are prepared to act when a regulator investigates or prosecutes their clients.
Join Matthew Peckham, and Michael Kontoudis, Senior Legal Writer, Practical Guidance-LexisNexis®, in our Legal Talk podcast as they talk about navigating civil penalty proceedings and the practical steps that they should take to protect their clients’ interests and maximise the possibility of a favourable outcome.
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