Howard Rapke

Howard advises on litigation in the Supreme and Federal Courts (both in Melbourne and interstate) involving all forms of commercial disputes, including contract, directors’ duties, joint ventures, trust disputes and class actions.

Howard acts in defence of companies and individuals being investigated or prosecuted for alleged breaches of the Corporations Act, the Australian Consumer Law and Federal and State criminal law. Over the last twelve years he has been closely involved in major prosecutions brought in Australia under its foreign bribery laws. At present Howard is involved in advising companies, directors and officers in foreign bribery investigations relating to India, Malaysia, Nepal, Solomon Islands, Papua New Guinea, Cambodia and Vietnam.

Howard has acted in numerous Royal Commissions and Commissions of Inquiry, including the following:

• in 2020, Howard is acting for one of the major parties involved in the Board of Inquiry into the COVID-19 Hotel Quarantine Program
• in 2020, Howard is leading the firm's team acting for four parties involved in the Special Commission of Inquiry into the Ruby Princess 
• in 2019/2020, Howard is leading the firm's team acting as Solicitors Assisting the Royal Commission into Management of Police Informants
• in 2019, Howard acted for one of the parties involved in the Aged Care Royal Commission
• in 2016/2017, Howard acted for one of the institutions being investigated by the Royal Commission into Child Sexual Abuse
• in 2014/2015, he acted for the Construction and Building Unions Superannuation fund (Cbus), one of Australia’s largest Industry Superannuation funds, in the Royal Commission into Trade Union Governance and Corruption
• in 2013/2014, Howard acted for one of the parties being investigated by the Royal Commission into the Home Insulation Program
• in 2006/2007, Howard represented various officers of AWB Ltd before the Cole Commission of Inquiry
• in 2001/2002 he led the firm’s efforts in representing the State of Victoria before the Royal Commission into the Building & Construction Industry.

Howard has substantial experience acting for companies and individuals in responding to, defending and resolving investigations and prosecutions brought by Federal and State regulators. He has significant experience in developing strategy and tactics for clients from dealing with many regulators, including but not limited to:

• ASIC
• ACCC
• the Australian Federal Police (AFP)
• the Victoria Police 
• the Environmental Protection Agency (EPA)
• the Australian Criminal Intelligence Commission (ACIC)
• the Independent Broad-based Anti-corruption Commission (IBAC) and its interstate equivalent anti-corruption agencies
• Office of the Chief Examiner.

Howard has many years’ experience in advising both companies and individuals in dealing with all forms of commercial crime, including fraud claims, foreign bribery and anti-corruption matters, cartel charges as well as prosecutions under Federal and Victorian criminal law.

In dealing with commercial and criminal disputes, Howard has developed a substantial knowledge of Directors and Officers (D&O) insurance issues and claims. In addition, he also has in-depth experience in advising companies and individuals in acting against insurers in pursuing claims in a commercial context, for example business interruption claims, fidelity claims and business insurance issues generally.