The conduct of the Australian Taxation Office in litigation
Here is an audio overview that features a deep-dive discussion between two people regarding the conduct of the ATO and its legal representatives (AGS and Clayton Utz) during litigation . The discussion focuses on several key instances : Omission of Evidence: The failure to include crucial documents, such as the Higham Minute of 29 July 1997 , in sworn discovery lists despite specific court orders. False Justifications for Delay: The AGS claiming a witness was on "sick leave" to explain a delay in providing a discovery list, while subsequent billing records do not reflect such an absence. Billing Discrepancies: The inclusion of costs for a meeting between counsel and the applicant that the applicant's personal work diary shows could not have occurred, as he was on leave at the time. Resiling from Undertakings: The AGS initially providing a written undertaking to substantiate their bills of costs using their files, only to later file submissions ...