Clayton Utz has declined to produce these documents on the basis that they are subject to a claim of legal professional privilege by AMP.
ASIC is seeking from the Federal Court that the documents are not subject to privilege or alternatively, that privilege has been waived by AMP.
In a statement, AMP spokeswoman said: “AMP has been assisting ASIC with its investigation into the fees for no service matter.
“Clayton Utz prepared a report in respect of an investigation of fees for no services issues for the AMP Board in 2017. AMP voluntarily shared this report with ASIC in October 2017 to assist in its investigation.
“Interviews with current and former AMP employees were conducted by Clayton Utz on a privileged and confidential basis. Accordingly, the file notes of the interviews are properly subject to a claim by AMP for legal professional privilege.
“ASIC is challenging that privilege claim, and has filed proceeding in the Federal Court seeking inspection of the file notes.
“AMP is considering ASIC’s application, which comes before the court for initial directions in February.”
Clayton Utz confirmed the dispute in a short statement.
“ASIC has filed an application seeking the production of documents over which AMP claims privilege. Clayton Utz will abide by any order made by the Court,” a spokeswoman said.
The case will be first heard on February 8.
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