Mr Theo Alexander
|Faculty or Division:||Faculty of Business and Law|
|Department:||Deakin Law School|
|Campus:||Geelong Waterfront Campus|
Theo holds an LLB from the University of Melbourne and an LLM from Deakin University. He wrote a thesis on the right to silence in concurrent civil and criminal proceedings for his Masters degree.
He is currently a candidate for a PhD with a thesis entitled: ‘A Rational Approach to Sentencing White-Collar Offenders’ (supervised by Professor Mirko Bagaric).
Since 2005, Theo has lectured in the Undergraduate and Postgraduate programs at Deakin University. He teaches in corporate crime, international commercial law, legal ethics and privilege, and the law of evidence.
In addition, Theo has been in practice at the Victorian Bar for over a decade. He practices predominantly in criminal and quasi-criminal proceedings in the Commonwealth and State jurisdictions.
He specializes in defending ‘white-collar’ crimes under the Crimes Acts, Criminal Code, Corporations Act, Tax Acts and Workcover/OHS laws, including fraud, financial crime, market manipulation/insider trading, embezzlement and other ASIC and ATO prosecutions.
He has a substantial criminal appellate practice.
Theo also practices in corporate law; particularly in regulatory matters, compulsory examinations, civil penalty provisions, director disqualification and penalty notices, and director/shareholder actions.
- Master of Laws, Deakin University, 2011
Some matters of note:
Baini v The Queen  HCA 59 (with Tehan QC); appeal in respect of the interpretation of s 276 of the Criminal Procedure Act 2009 (Vic)
Harding Investments Pty Ltd v PMP Shareholdings Pty Ltd  FCA 166; (with Bearman); oppression of minority shareholder
ACCC v Rana  FCA 374; plea on a federal prosecution for failing to comply with a notice to provide information
Zukanovic –v- Magistrates’ Court at Moorabbin  VSC 141 (with Bearman); application for writ of certiorari in the Supreme Court against a decision of a magistrate
DPP v Tang (aka Widjaja)  VCC (8 December 2011); plea in the first ASIC prosecution for market manipulation under s 1041B of the Corporations Act
Australian Human Rights Law
International Commercial Law
Conferences and seminars
Theo has presented numerous papers on ethics, white collar cime for professional CPD providers, law firms, and organizations, including:
Australian Corporate Lawyers Association, State Conference, Melbourne, 2012
Recent Issues in Corporate Crime: cases and commentary, ICU Seminars, Melbourne, 2011
Criminal law and the new Evidence Act 2008, ICU Seminars, Melbourne, 2010
Theo volunteers his time to train and judge students in advocacy, mooting and witness examination competitions at the Melbourne, Monash, Deakin and La Trobe Universities. He was also a debater in the 2010 Legal Comedy Debate for the successful affirmative team with Michelle Quigley QC and Judge Elizabeth Gaynor.
Sentencing and white-collar crime
Alexander, Bagaric and Faris QC, Australian Human Rights Law (2011) CCH Publishers
Alexander, Bagaric and Edney, ‘(Particularly) Burdensome Prison Time Should Reduce Imprisonment Length – And Not Merely in Theory’ Melbourne University Law Review (2014) (forthcoming)
Alexander and Bagaric, ‘Rehabilitating totality in sentencing: from obscurity to principle’ (2013) 36(1) University of New South Wales Law Journal 139
Alexander and Bagaric, ‘A Rational Approach to Sentencing White-Collar Offenders in Australia’ (2013) 34(2) Adelaide Law Review 317
Alexander and Bagaric, ‘The Fallacy That Is Incapacitation: An Argument for Limiting Imprisonment Only to Sex and Violent Offenders’ (2012) Journal of Commonwealth Criminal Law 95
Alexander and Bagaric, ‘The capacity of criminal sanctions to shape the behaviour of offenders: specific deterrence doesn’t work, rehabilitation might and the implications for sentencing’ (2012) 36(3) Criminal Law Journal 159???
Alexander, Bagaric and Pathinayake, ‘The Fallacy of General Deterrence and the Futility of Imprisoning Offenders for Tax Fraud’, (2011) 26(3) Australian Tax Forum 511
Alexander and Bagaric, ‘(Marginal) General Deterrence doesn’t work – and what it means for sentencing’, (2011) 35 Criminal Law Journal 269
Alexander, Bagaric and Ebejar, ‘The Illusion that is the right to fair trial in Australia’, (2011) 17(2) Australian Human Rights Law Journal 59
Alexander and Ternovski, ‘War of the Words: the new meaning of “substantial miscarriage of justice”’ (2014) (April) Law Institute Journal 43
Alexander, ‘Keeping Up Appearances: a skills guide for the new lawyer – Writing Wrongs Made Easy’ (2010) 44(Autumn) Young Lawyers’ Journal 14
Alexander, ‘Keeping Up Appearances: a skills guide for the new lawyer – Talk, Talk’ (2009) 43(Summer) Young Lawyers’ Journal 14
Title Author – Legal Encyclopaedia
Criminal Law Title – Terrorism Offences, The Laws of Australia, Thomson Reuters