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Noumi class action judge questions ‘unusual’ privilege bid over docs seen by Ashurst, PwC
Alistair Pound 2023-05-08 10:20 pm By Cindy Cameronne

A judge has questioned an “unusual” bid by Noumi to shield over 3,000 documents, their titles and the identities of those who sent them to PricewaterhouseCoopers during a 2020 investigation into the food company’s financial position.

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Class action can’t grill Noumi lawyer on legal privilege claims over PwC docs
Alistair Pound 2023-05-02 11:27 pm By Christine Caulfield

The applicants in a shareholder class action against the former Freedom Foods have failed in a bid to cross-examine Noumi’s inhouse counsel on affidavits swearing to the legal professional privilege of 3,000 documents, including material containing advice from accounting firm PricewaterhouseCoopers.

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JPMorgan tries to shield ASIC settlement negotiations in ANZ cartel case
ACCC 2021-06-01 4:09 pm By Miklos Bolza

JPMorgan is fighting to keep details of failed settlement talks with ASIC under wraps in criminal cartel proceedings over a $2.5 billion ANZ share placement, as ANZ seeks to uncover whether the corporate regulator made a deal with the investment bank ahead of the cartel case being filed.

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ATO won’t promise not to prosecute PwC for tax offences
Ashurst 2021-02-03 12:06 pm By Spencer Fowler Steen

The ATO has refused to sign an undertaking that it won’t prosecute PricewaterhouseCoopers for tax crimes if it hands over thousands of documents at the centre of a legal professional privilege fight.

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Judge allows docs despite ‘real risk’ of prosecution for ex-Directed Electronics manager
Andrew McRobert 2020-02-17 11:44 am By Miklos Bolza

A former manager of Australian electronics automotive developer Directed Electronics OE has failed to block access to certain documents in a corporate theft case, despite the Federal Court finding they gave rise to a “real and appreciable risk” of civil or criminal prosecution against him.

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ANZ wins fight for ASIC docs in cartel case, but battle might not be over
ACCC 2020-02-07 3:10 pm By Miklos Bolza

ANZ has won access to documents the bank claims are crucial to its defence in a high stakes criminal cartel case, but the Australian Securities and Investments Commission has flagged a possible appeal of the ruling.

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Don’t expect ‘Rolls Royce’ ruling, frustrated cartel magistrate says
ACCC 2020-01-31 11:26 pm By Cat Fredenburgh

A sideshow evidentiary dispute in a committal hearing in a landmark criminal cartel case against ANZ and two investment banks has drawn to a close, but not before testing the patience of a magistrate, who warned her ruling would be far from a “Rolls Royce decision”.

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JPMorgan slams ANZ’s ‘conspiratorial allegations’ of collusion by regulators
ACCC 2020-01-31 10:18 pm By Miklos Bolza

JPMorgan has taken ANZ to task for its “heroic endeavours to create an air of suspicion” around the conduct of ASIC and the ACCC prior to the filing of a landmark criminal cartel case, slamming the allegations as purely speculative.

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ANZ wants to know if ACCC pressured ASIC to drop JP Morgan case
ACCC 2020-01-30 9:00 pm By Miklos Bolza

ANZ is seeking information on whether the ACCC put pressure on ASIC to not pursue proceedings against JP Morgan over a $2.5 billion share placement that is at the centre of a closely watched criminal cartel case, saying the matter raised a “serious question” about potential abuse of power by the regulators.

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Full Federal Court rejects US exception to privilege against self incrimination
Andrew McRobert 2019-11-05 3:33 pm By Cat Fredenburgh

The sole director and shareholder of OE Solutions can challenge a ruling ordering him to hand over seized documents to Australian automotive electronics developer Directed Electronics OE, with the Full Federal Court declining to adopt US precedent that carves out an exception to the privilege against self-incrimination for corporate custodians.

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