Justice Wigney granted the ACCC leave to issue subpoenas for the documents to JPMorgan ahead of a February 22 court date next year, but noted the Crown could file an indictment and then change or withdraw it at a later date.
Asked by Justice Wigney to file an indictment by early February, Sally Dowling, SC, appearing for the ACCC, said her client wanted to see interview transcripts between JPMorgan staff and their lawyers from Gilbert + Tobin before finalising charges.
But further delays seem inevitable as questions of legal professional privilege – which was the primary cause of the case's 1½-year spell in the Local Court – again reared their heads on Tuesday.
The case has already stalled the retirement of one local court judge, Magistrate Jennifer Giles, who also heavily criticised all the parties involved for wasting taxpayer dollars with their legal infighting.
But JPMorgan is claiming legal professional privilege over the interviews.