The James Hardie case and its implications for the teaching of ethics

Abstract

In 2004 Australia’s corporate scandal involving the James Hardie restructure began to dominate the headlines. As the Special Commission of Inquiry into the restructure was able to gain access to the notes of some of the practitioners involved we have an unusually complete picture of the way the events unfolded. This chapter examines the role of the lawyers in the conception, implementation and defence of the James Hardie scheme. It argues that the lack of enforcement of the rules of conduct and the evident absence of an ethical culture within large firms makes this prominent case vital for the teaching of legal ethics to future legal practitioners in all jurisdictions