121127 sg business awu matter legal advice

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  • 7/30/2019 121127 SG Business AWU Matter Legal Advice

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    November 27, 2012

    Media statement re: AWU matter

    This statement is issued in response to questions posed by journalists in many forms which essentially canbe summarised as per below:

    Why did Slater & Gordon not notify either the police or its then client the AWU of information concerning the

    AWU Workplace Reform Association when it learnt of allegations of misconduct by its other client Mr BruceWilson in August 1995?

    Slater & Gordon has consistently maintained, and still maintains, that at all times it has acted in accordancewith its legal and ethical obligations in relation to all aspects of the AWU matter.

    Given the repeated publication of the question above Slater & Gordon has obtained independent legaladvice from Arnold Bloch Leibler (ABL) and Mr Philip Crutchfield SC. The firm received this advice yesterdayevening.

    Without waiving any of the former clients', or Slater & Gordons privilege to maintain the confidentiality of thecommunications between it and the firms independent legal advisers, that independent advice has

    confirmed that Slater & Gordon was (and is) not permitted to divulge confidential and privileged informationof one client to another client or any other party.

    Further, in circumstances where a conflict arises between two existing clients Slater & Gordon was obligedto, and did cease acting for, both.

    For the avoidance of doubt in relation to the AWU matter:

    a) Slater & Gordon acted for both a union and a union official (personally).

    b) in acting for the official, Slater & Gordon obtained information:i). that was confidential to the official; and

    ii) the disclosure of which to the union would have represented a conflict between theinterests of the union and the interests of the official.

    c) Slater & Gordon ceased acting for both clients after it became aware of this conflict situation.

    As such the advice of both ABL and Mr Crutchfield SC has confirmed that Slater & Gordon was not and is

    not permitted to disclose the confidential information of the official to the union or anyone else.

    Senior counsel and ABL have confirmed that Slater & Gordon acted appropriately by ceasing to act for all

    parties.

    ENDS

    Media contact: Angela Bell mobile 0430 355 554.