In the refined and polished corridors of the Federal Court, a quiet change has occurred that could flip financial crime prosecutions on their head.
Add articles to your saved list and come back to them any time.
The new power for the Federal Court to hear criminal matters marks a considerable change for a court that is usually the home of the country’s biggest civil cases – often between companies, and sometimes their regulators – based on pointy issues of law relating to commercial matters, competition and taxation, as well as a small but extremely high-profile defamation list.
“They might be able to grasp it in an intellectual sense, but setting up parallel systems and having one that’s already really doing its job well just seems unnecessary.”“The reality is that most of the commercial judges might have dabbled with a bit of drink-driving when they first went to the bar, but they haven’t spent decades running big cases, and they don’t understand the nuances.”
The powerful body and “the voice of the legal profession” was also concerned about the uncertainty surrounding how the measures would operate in practice, including the depth of the bench in terms of criminal-court experience and the potential for differences in practices and procedures at the Federal Court to create the risk of forum shopping by prosecutors or defendants looking for a preferred system and a desired outcome.
“We understand that the Federal Court is alive to this concern and has sought to address this in recent appointments, and we will continue to monitor how this potential limitation is managed in practice.” A key issue the change seeks to remedy is the delay in hearing white-collar crime offences in the Supreme Court or lower courts, given most people charged with these types of crimes are on bail, and the court tends to preference hearing matters of people on remand, out of fairness.
Sydney lawyer Rob Wyld has helped defendants navigate a range of serious regulatory matters, including criminal offences.“Many criminal cases, whether under state or Commonwealth law, can be complex. Financial crime is invariably a document-heavy type of prosecution. Terabytes of electronic data, text messages, telephone intercepts and emails must be produced and sorted.”
Australia Latest News, Australia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Australian Federal Police officer to face Supreme Court trial on charges including perjury, concealing evidenceSenior Australian Federal Police detective Trent Madders will face trial in the ACT Supreme Court next year, facing three charges of aggravated perjury, destroying or concealing evidence, and perverting the course of justice.
Read more »
Aldi liable for ‘flagrant’ copyright breach of rival brand’s packaging, Australian federal court findsSupermarket giant sought to use Baby Bellies’ designs for ‘its own commercial advantage’, judge says
Read more »
Federal Court Takes on White-Collar Crime: A Quiet Shift with Big ImplicationsThe Federal Court of Australia now has the power to hear criminal cases involving corporate law breaches. This change has sparked debate about the court's readiness for such cases and the potential impact on white-collar crime prosecutions.
Read more »
Health Workers Union thrown into administration amid Asmar probeThe Federal Court appointed former National Union of Workers general secretary Charlie Donnelly as interim administrator.
Read more »
NT Courts to Stay Open Over Christmas Amid Surge in ArrestsThe Northern Territory government will keep its criminal courts running throughout the Christmas period to manage a surge in arrests and prisoner numbers.
Read more »
Biden Commuting Death Sentences of 37 InmatesPresident Joe Biden has commuted the sentences of 37 out of 40 inmates on federal death row, converting their punishments to life imprisonment without parole. The move spares the lives of people convicted in various crimes, including killings of police and military officers, people on federal land, bank robberies, drug deals, and killings of guards or prisoners in federal facilities. This action comes just weeks before Donald Trump's term ends. The Biden administration had previously announced a moratorium on federal capital punishment in 2021.
Read more »