Partner Marcus Pullen speaks with Professor Elise Bant, Professor of Private Law and Commercial Regulation at The University of Western Australia and Director of the UWA Law School's Private and Commercial Law Research Cluster. Professor Bant is also a Professorial Fellow at the University of Melbourne, a Fellow of the Australian Academy of Law, and a Consultant to HFW Australia.
The episode examines Professor Bant's concept of systems intentionality, a framework for understanding corporate responsibility that moves beyond the search for a single culpable individual and looks instead at how a corporation's systems, policies, and practices reveal its intentions and knowledge.
Drawing on case studies including the Banking Royal Commission's fees for no services scandals, the High Court's decision in Productivity Partners, the Crown Casino inquiry, and the Robodebt saga, Professor Bant explains how this model provides courts, regulators, and counsel with a principled way to assess corporate conduct where responsibility has been diffused across teams, automated systems, and generations of employees.
The episode also addresses the practical implications for in-house counsel and directors, including what the recent Star Entertainment decision signals for board-level accountability and how organisations can use a systemic audit lens to identify and address potentially unlawful conduct before it becomes a liability.
The Counsel Connect podcast is produced by Jackson McDonald and designed for in-house counsel, executives, directors, and risk professionals navigating the legal and regulatory landscape.
The episode is available now on Spotify and all major podcast platforms.
For further information about the podcast or the Counsel Connect initiative please contact counselconnect@jacmac.com.au