If you're a corporate lawyer or in-house counsel, workplace and corporate investigations are probably part of your world. And let’s be honest — navigating them can be a legal minefield.

Get it wrong, and you could face wrongful termination claims, regulatory investigations, or even criminal liability. With regulators tightening the screws and workplace expectations evolving, getting these investigations right is more crucial than ever.

There will be times when you need backup—especially when it comes to regulatory breaches, fraud, cross-border or complex employment issues.

Why corporate investigations are on the rise

Investigations in the corporate sector are becoming more frequent, and here’s why:

• Regulators are stepping up enforcement. ASIC increased investigations by 25% in 2023, with a 23% rise in civil actions. AUSTRAC, ACCC, and the ATO are also cracking down harder.

• High-profile cases in recent years have also highlighted the risks of corporate misconduct. As we have seen, poorly handled investigation can quickly spiral into regulatory scrutiny and public backlash.

• Meanwhile, the #MeToo movement has driven a cultural shift. More victims are reporting workplace misconduct, prompting organisations to proactively address inappropriate behaviour.

As regulatory scrutiny tightens and corporate risks grow, the role of specialist investigations lawyers is more critical than ever.

Key types of investigations and the role of investigations lawyers

Investigations typically fall into two categories:

1. Employee misconduct investigations

These can involve:

• Workplace harassment, discrimination and retaliation claims.

• Fraud and financial misconduct —expense fraud, bribery, and conflicts of interest.

• Confidentiality and data breaches—misuse of sensitive information or leaks.

• Unfair dismissal and wage disputes—wrongful termination claims and pay disputes.

The role of external specialists in these investigations

They play a critical role by:

• Overseeing internal investigations to ensure evidence is lawfully collected and remains admissible.

• Defining the investigation’s scope to prevent overreach and legal risks, including unlawful surveillance or employee rights violations.

• Providing legal professional privilege—ensuring that findings remain confidential and protected from disclosure.

• Protecting employers from wrongful termination claims, discrimination lawsuits, and regulatory breaches by ensuring legally sound procedures.

• Ensuring ethical compliance with employment laws, reducing risks of unfair treatment, defamation, or privacy violations.

• Managing reputational risks by guiding internal and external communications to avoid legal pitfalls.

At Doogue + George amongst other matters we are currently conducting several employee misconduct investigations for companies and NGOs involving allegations of fraud.

2. Corporate Investigations

Corporate investigations focus on defending organisations and individuals in them from legal and regulatory allegations including:

• Regulatory and compliance breaches—investigations by ASIC, ACCC, APRA, and AUSTRAC.

• Fraud, bribery, and corruption—financial misrepresentation, governance failures, embezzlement, and corporate bribery.

• Workplace and employment law violations—discrimination, harassment, and wage disputes.

• Financial and insider trading investigations—market manipulation and deceptive financial practices.

• Cybersecurity and data breaches—regulatory scrutiny after ransomware attacks or leaks.

• Board and executive misconduct—breaches of director duties, shareholder disputes, and executive fraud.

The role of investigations lawyers in corporate cases

They play a critical role by:

• Providing early legal advice to prevent missteps, ensuring statements, documents, and evidence are carefully managed.

• Assessing evidence strength, identifying weaknesses, inconsistencies, and procedural errors to mitigate legal risks.

• Long-term strategic planning. They anticipate how evidence may be used in future proceedings, aligning investigations with broader legal strategies to protect clients’ reputation, finances, and legal standing.

• Offering expertise in regulatory and criminal law, particularly in cross-border matters.

At Doogue + George, we are currently handling several cases involving bribery and corruption allegations in foreign jurisdictions and relating to corporations that are based in Australia.

Why bringing in external investigations’ lawyers is a smart move

Whether investigating internal misconduct or defending against allegations, external investigations lawyers offer:

• Legal privilege protection by ensuring, where possible, investigations remain confidential and are protected from disclosure.

• Unbiased fact-finding—asking difficult questions without internal political concerns.

• Highly effective witness examination- knowing how to get the best information from relevant witnesses. Regulatory compliance expertise by managing investigations in line with current laws and industry regulations.

In an era of heightened regulatory enforcement, relying on experienced legal professionals is not just advisable—it is a strategic necessity.

At Doogue + George, we’ve handled more than 50 very large corporate and workplace investigations, covering everything from financial misconduct to regulatory breaches and cross-border compliance.

If your organisation is facing an investigation, getting the right legal team involved early is the best way to stay compliant and protect your business.

Want to know more about managing legal risks in corporate investigations? Reach out to Doogue + George—we’re here to help