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Merivale class action judge floats separate trial on enterprise agreement
Adero Law 2023-08-29 9:57 pm By Cindy Cameronne

A judge has said that an underpayments class action’s challenge to hospitality giant Merivale’s argument that it does not owe back wages because it relied on an enterprise agreement it believed was valid should be heard before trial. 

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Super trustee Diversa can’t dodge blame for banned financial adviser, court told
Allens 2023-07-31 10:02 pm By Sam Matthews

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.

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Judge rejects bid for second opt out notice in Merivale class action
Class Actions 2023-03-27 3:27 pm By Sam Matthews

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.

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PwC can’t ‘rout’ documents through ‘postbox’ lawyer to secure privilege, court finds
Accounting 2022-04-06 5:52 pm By Miklos Bolza

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.

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PwC can’t claim privilege over all advice to JBS, judge finds
Accounting 2022-03-25 10:57 am By Miklos Bolza

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.

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PwC partner kept on JBS brief to maintain privilege despite CFO’s unhappiness
Accounting 2021-09-10 9:16 pm By Cindy Cameronne

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.

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PwC partner at centre of ATO privilege spat earned less than non-lawyer assistants, court hears
Accounting 2021-09-09 6:49 pm By Miklos Bolza

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.

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PwC client says ATO’s privilege case ‘nightmare to the rule of law’
Accounting 2021-09-08 9:06 pm By Cindy Cameronne

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.

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PwC partner was used to give ‘cloak of privilege’ to work, ATO tells court
Accounting 2021-09-06 9:02 pm By Miklos Bolza

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.

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Westpac cops $10M fine in personal advice case, but doesn’t say sorry
Allens 2021-08-23 4:16 pm By Cindy Cameronne

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.

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