Richard McHugh

The Australian Securities and Investments Commission has told a trial judge that superannuation trustee Diversa can’t hide behind outsourcing arrangements to explain its alleged failures to oversee a now-banned financial adviser accused of luring vulnerable customers into signing up to Diversa accounts.

A judge overseeing a $129 million underpayments class action against hospitality giant Merivale has rejected a bid for a second round of opt out notices, finding that even if the first round went straight to employees’ junk or spam folders, it did not follow that they had not been read.

Advice from non-lawyers and “routed” through a legal practitioner at multidisciplinary partnership PricewaterhouseCoopers cannot be shielded under legal professional privilege, the Federal Court has found.

A judge has rejected the Australian Taxation Office’s claim that legal professional privilege does not apply to any communications between PricewaterhouseCoopers and its client, meat processor JBS, but has found that many of the reviewed documents do not satisfy the test of privilege.

A PwC partner who the ATO claims was assigned to work on a matter for meat processing company JBS to bring a “cloak of legal privilege” kept a supporting role on the brief despite the company CFO’s dissatisfaction, a court has heard.

A PwC partner who the ATO claims was assigned to work on a matter for meat processing company JBS to bring a “cloak of legal privilege” earned hundreds of dollars less per hour than his non-lawyer assistants, a court has heard.

Meat processing company and former PricewaterhouseCoopers client JBS has slammed as a “nightmare to the rule of law” a claim by the Commissioner of Taxation that the accounting giant’s internal protocols destroyed the company’s lawyer-client relationship.

Accounting giant PricewaterhouseCoopers used one of its legally qualified partners as a “postbox” to provide a “cloak of privilege” to work conducted for meat processing company JBS, the Commissioner of Taxation has told the Federal Court.

Two Westpac units have been hit with $10.5 million in fines for providing personal financial advice during a superannuation rollover campaign, with a barrister for ASIC noting the bank had not apologised or expressed regret for the conduct.

PricewaterhouseCoopers has objected to swathes of evidence from the Commissioner of Taxation being included in an upcoming trial over privilege, claiming the material oversteps a process put in place by the court to only examine a small sample of documents.