With friends like PwC, who needs enemies? Kristin Stubbins
With friends like PwC, who needs enemies?
Kristin Stubbins does not seem assured her former employer necessarily has her best interests at heart. Max MasonSenior reporter
At the rate PwC Australia partners and alumni are throwing each other under the bus, we’re going to need a new depot just outside the Australian parliament.
Quietly taking precautions, it appears, is former acting PwC Australia chief executive Kristin Stubbins, who does not seem assured her former employer necessarily has her best interests at heart. At least, that’s what we’re taking out of the fact that she’s hired her own lawyers.
While common
in some types of civil proceedings, it certainly isn’t normal in defamation
proceedings.
PwC Australia and Stubbins are the
subject of defamation and breach of contract proceedings brought by former
partner Richard Gregg.
Gregg, who successfully sued the firm last year
for failing to follow proper process in its attempt to sack him, alleges that
PwC and Stubbins’ statements in the fallout of the tax scandal severely damaged
his reputation by incorrectly linking him to the improper sharing of confidential
government tax information.
These
statements include open letters penned by Stubbins that were posted on PwC’s
website and widely published across the media.
Stubbins
was elevated to acting PwC Australia chief executive in mid-May last year as
part of the attempt to deal with the tax leaks scandal. She was ousted just a
few months later when PwC International took control and
installed two-wage sensation Kevin Burrowes.
To
defend against Gregg, PwC has tapped Corrs Chambers Westgarth to defend it in
what seems like a spectacular own goal.
PwC
actually tried to oust Gregg over earlier misconduct that had nothing to do
with the tax leaks case and which he’d already been disciplined for. After a
court ruled his sacking improper, Gregg ended up resigning of his own accord.
He launched defamation action in May this year.
It’s
this action in which Stubbins is no longer taking PwC’s legal advice. She’s
tapped Clayton Utz instead.
Stubbins
was PwC’s most senior auditor before being roped in to steer the ship
after Tom Seymour’s abrupt departure. When she was informed by PwC
global chairman Bob Moritz that she was being replaced by
Burrowes because of an international “brand crisis” created by the tax leaks
scandal, she wasn’t surprised, just disappointed. She’s
recently started a new consultancy.
If
Gregg is successful, it is likely Stubbins will be indemnified by PwC, given
she was acting on behalf of the firm. PwC will probably be on the hook for her
legal costs in any case.
PwC
Australia chief risk and ethics leader Jan McCahey revealed to
the joint committee last Friday that it is a standard term in the partnership
agreement for legal costs incurred in connection with one’s PwC role to be
covered by the firm, should the partner seek this.
PwC
has been shelling out for legal matters for most of the year. It was ordered to
pay $250,000, plus interest, for Gregg’s legal costs in the case to stop it
from firing him. It has
also settled, on unknown terms, with another partner, Neil Fuller,
who was pushed out after the tax leaks scandal.
With a
potentially more substantial defamation claim from Gregg, PwC is unlikely to fight
Stubbins’ legal fees in the manner we’ve grown used to from watching Network
Ten’s battles with Lisa Wilkinson. But just in case, we’ll keep the
popcorn ready.
Max
Mason covers insolvency, courts, regulation,
financial crime, cybercrime and corporate wrongdoing. A Walkley Award winner,
Max's journalism has also received awards from the National Press Club of
Australia, the Kennedy Awards and Citibank. Message Max on Signal https://tinyurl.com/MaxMason Connect
with Max on Twitter. Email Max at max.mason@afr.com
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