Regulatory Litigation

It is not always easy running a business, you have a lot of responsibilities and very limited time. From time to time a complaint is made and a government agency investigates which may lead to a prosecution.

Prosecutions are never good for business. Whether it is the bad publicity or the repeat business you attract from investigators looking for another breach.

Gibbs Wright Lawyers have experience in negotiating with government agencies to achieve a quick resolution when things go wrong.

When things are unable to be negotiated, Gibbs Wright Lawyers provide some of the best regulatory litigation defence around.

We act for the largest smoking accessories wholesaler in Australia and New Zealand, so we know what it takes to fight hard, fight often and fight to win.

The general principles regarding any regulatory matter (whether you are a bar, restaurant manufacturer or anything else) are very similar, and we can apply the same defence strategies.

Defence strategies are usually more important than the law you have said to have breached, because usually when governments prosecute they do have at least some evidence to support the offence (usually enough to convict you if you do not have a good lawyer). The question is really, what evidence can you exclude and what strategies can you employ? 

We have previously (and successfully): 

  • Excluded expert evidence; 
  • Invalidated the Complaint (meaning the matter is dismissed); 
  • Challenged key pieces of evidence; 
  • Required the prosecution to specify exactly what their case is (and later use that against them); and
  • Attacked the credibility of the prosecution witnesses to make them unreliable. 

We know that your business is everything. Although past performance is not an indicator of future results, our litigation director has never lost a trial he hasn’t won on appeal.