The long and complex Federal Court case surrounding alleged 'accounting malpractices' involving the former Fuji Xerox Australia and former CEO Neil Whittaker, together with Devlin Bell, EY (Ernst & Young) and a former EY employee, was adjourned again on Tuesday, this time to August 13th.
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| EY is a trans-global professional services firm with 2020 revenues of USD$37.1 billion |
Approaching 18 months before the Federal Court's The Honourable Justice Colvin, the case which began as Fuji Xerox Australia and Fuji Xerox Finance versus Whittaker, Bell, EY and Lang now includes cross-claims, so effectively several cases being heard concurrently, with EY lodging claims against Fuji Xerox and the other respondents.
The most recent orders from Justice Colvin were that documents and emails be discovered, going back to 2015, and produced - mostly from Fuji Xerox's archives.
One notable comment made by Justice Colvin in relation to EY's defence is that 'bare denial' of the accusations is not a defence - the documents ordered for discovery tend to suggest the seeking of a clear, provable chain of communications to get to the truth of what went on inside Fuji Xerox and its auditors EY during Whittaker's tenure.
In general terms, this case also strikes to the heart of big corporate practices, chain of command, HR employment contracts and the incessant drive for increased sales 'at any cost.' If and when adjudged, it could serve as a legal reference benchmark for many years to come.
His Honour's order from the latest hearing was simply:
1."The case management hearing be adjourned until 9.45 am AWST on 13 August 2021."
AWST is Western Australia time as the case is being heard via web conferencing in the Perth branch of the Federal Court, although listed in the NSW Registry. Presumably, this is a Covid safe practice measure.
