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A court battle between the Australian Taxation Office and PricewaterhouseCoopers over the scope of legal professional privilege claimed by one of its major clients, meat processing giant JBS Australia, has hit a preliminary snag over the consulting giant's representation of JBS, with a judge warning he might compel the company and its subsidiaries to engage independent lawyers.
Former solicitor general Justin Gleeson SC has been appointed contradictor in GetSwift's battle to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in ASIC's case against the logistics provider.
A judge has found that auditor Ernst & Young cannot rely on the privilege against self-incrimination in a lawsuit brought over its audits of failed financial services firm LM Investment Management.
ASIC's case against GetSwift and its founders Joel Macdonald and Bane Hunter makes accusations against both directors but relies on alleged conduct by only Hunter, a lawyer for Macdonald has told a court on the last day of trial in the corporate regulator's case.
GetSwift is keeping up its fight to have the judge overseeing a shareholder class action disqualify himself from the proceedings after overseeing the trial in the corporate regulator's case against the logistics provider.
The judge overseeing a class action against GetSwift has refused to disqualify himself from the proceedings, rejecting claims that he could not be seen to approach the case with an "impartial mind" and taking a passing shot at the logistics company's use of the Americanism "recuse" in its application.
The judge overseeing ASIC's case against logistics provider GetSwift cannot draw any inferences against the company because directors Bane Hunter and Joel Macdonald did not give evidence at trial, GetSwift's barrister has said during closing submissions in the case.
A former director of GetSwift has given evidence at trial in ASIC's case against the logistics provider that the company drafted a correction to a misleading ASX announcement about a deal with fruit and milk delivery provider Fruit Box but never released it.
A judge has dismissed a defensive bid by ASIC to amend its case against GetSwift mid-trial, instead calling on "common sense" to be injected into the proceeding as the hearing enters its second week.
GetSwift "sat on" an announcement about a lucrative deal with US-based automotive sales and marketing firm N.A. Williams for more than three weeks, then leaked the news to the media before announcing it on the Australian Stock Exchange, ASIC has told the Federal Court on day two of a trial in the corporate regulator's case against the logistics tech company.