Holding Redlich hosts national discussion on civil penalties reform

National law firm Holding Redlich gathered legal experts, senior regulators and government professionals at the National Press Club of Australia this week to explore the changing role of civil penalties in the Commonwealth’s regulatory landscape.

Holding Redlich’s Civil Penalties & Investigations: Insights, Strategy, Action forum, held on Tuesday 28 October, brought together leaders from the judiciary, bar and enforcement agencies. The discussion focused on how regulators are adapting to a period of significant change, with record Federal Court penalties, increased scrutiny of enforcement practices and greater judicial focus on proportionality and procedural integrity.

Former Chief Justice of the Federal Court of Australia, the Hon James Allsop AC, and former Justice of the Federal Court, the Hon Anthony Besanko KC, opened proceedings with an address on the evolution of civil penalties law and its influence on modern regulatory enforcement.

Barristers Fiona Forsyth KC and Matthew Peckham provided a practitioner’s perspective on penalty proceedings, analysing recent Federal Court decisions. They outlined practical strategies for preparing and managing proceedings efficiently, from the time of filing through to agreed penalty outcomes.

A later session led by Michael Phelan APM, Strategic Advisor at Kroll, and ASIC Executive Director of Enforcement and Compliance Chris Savundra examined the operational challenges of investigations in complex regulatory environments, with emphasis on collaboration across compliance, legal and enforcement functions.

The forum concluded with a panel moderated by Holding Redlich partners Howard Rapke and Jeremy Johnson, joined by partner Alana Giles. The discussion reflected on the intersection of deterrence, efficiency and fairness in enforcement, and on how civil penalties continue to evolve as a regulatory tool.

Rapke said the forum underscored a period of realignment for government and corporate regulators. “Civil penalties have become central to maintaining integrity and accountability in the regulatory system. Their value lies not in their size alone, but in their ability to uphold trust, consistency and fairness across sectors,” he said.

Johnson noted the increasing expectations of transparency and purpose in regulatory action. “We are seeing a continued shift toward evidence-driven enforcement and a greater emphasis on process discipline. Regulators are expected to act decisively but also demonstrate that each action is measured, proportionate and consistent with their statutory mandate,” he said.

Giles highlighted how civil penalties are increasingly intersecting with commercial risk management. “For many of our clients, particularly in retail and property, understanding regulatory exposure has become a board-level issue. Penalty proceedings now have consequences that extend beyond compliance—they shape how businesses govern risk and maintain public confidence,” she said.

Reflecting on the event, Rapke said the calibre of discussion demonstrated the importance of cross-sector collaboration. “Forums like this provide a rare opportunity for regulators, practitioners and the judiciary to exchange insights and improve the quality of regulatory practice. It is this collaboration that strengthens both compliance outcomes and public trust,” he said.

The Canberra forum came amid a series of record civil penalty decisions by the Federal Court in 2025, reinforcing the growing prominence of civil penalties as a key instrument of deterrence and accountability in Australia’s enforcement landscape.

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