ASIC is seeking file notes from interviews with current and former AMP staff.Credit:Jessica Hromas
"ASIC has applied to the Federal Court of Australia for an order compelling Clayton Utz to produce certain documents which have,to date,been withheld from ASIC,"the regulator said.
The push for a Federal Court order,which will be heard by a judge in February,relates to ASIC's investigation into an"independent"report prepared by Clayton Utz for AMP,which was the subject of heavy scrutiny by the royal commission earlier this year.
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The commission in April heardClayton Utz provided 25 drafts of the report to AMP,and on Monday AMP's spokeswoman said it had been"voluntarily"provided to ASIC in October last year as part of an investigation into the charging of fees for financial advice that was not provided.
ASIC is seeking notes from interviews the law firm conducted with current and former AMP staff,and it is understood these notes relate to the independent report.
"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,"AMP said.
"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,"the spokeswoman said.