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Civil penalties

Regulators are increasingly using civil penalty proceedings rather than criminal proceedings to punish breaches of the Trade Practices Act and the Corporations Act. What’s behind this trend and what implications does it have for your business, your corporate officers and the Directors & Officers Liability (D&O) insurance designed to protect them?

The lower burden of proof is one of the key drivers of this trend.  So how can companies and their corporate officers manage this increased risk?

In this white paper, we examine the whole issue of civil penalties.  We discuss the trend’s key drivers and at the likelihood that it will gain pace.  And we also look at some high profile cases that should act as a warning to companies which have yet to consider this emerging exposure and whether they are adequately covered by their D&O insurance.


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Liberty International Underwriters, known also as LIU or Liberty, is a trading name of Liberty Mutual Insurance Company (ABN 61 086 083 605) incorporated in Massachusetts, USA (the liability of members is limited); Liberty International Underwriters Limited (No. 2400200), incorporated in Hong Kong and Liberty International Underwriters Pte Limited (UEN 201538069C), incorporated in Singapore with a branch in Labuan (Reg. No. LF12903), licensed to carry on general insurance business under the Labuan Financial Services and Securities Act 2010, Lic. No. IS2016162 (together LIU).

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