The committee said that it realised “the seriousness of its decision to publish these documents”, as KPMG had claimed legal privilege over them, and that it did “not do so lightly”.
“However, it is necessary to enable a public examination of both KPMG’s response to the serious allegations made by the whistleblower and KPMG’s characterisation of that response in statements to this committee, its clients and the Australian public,” it said.
The committee added that it had “provided KPMG with every opportunity to publish the documents itself”, but the firm had “chosen not to”.
Ashurst’s lawyers were not told that six months earlier, in November 2024, KPMG had secretly accessed the whistleblower’s computer at least twice and downloaded documents detailing more than 15 separate complaints involving multiple named clients.
That information was detailed enough to allow an internal disciplinary panel at the firm to issue fines to three partners for misusing confidential information provided by Lendlease.
KPMG’s reliance on law firms to provide legal cover and to avoid investigating whistleblower complaints is at the heart of the scandal which has claimed much of its leadership over the past month.
The former employee agreed to leave the firm on the understanding that his claims would be properly investigated, but they were dismissed instead.
The firm launched a comprehensive investigation after the allegations – that partners had accessed the confidential files of clients for inappropriate reasons – were raised by Labor senator Deborah O’Neill in March.
The reports show that KPMG provided such limited information to Ashurst that the law firm concluded that the firm could not investigate the whistleblower’s claims due to a lack of detail, and accepted that the auditing giant had reviewed the allegations and found them to be false.
Ashurst lawyers wrote that there would be no “easy way to finalise this matter and put an end to [the whistleblower’s] incessant communications”.
The Ashurst report dated May last year is one of five that KPMG commissioned into aspects of the whistleblower’s complaints.
The report commissioned by Allens and provided in December, meanwhile, advised KPMG that while most of the disclosures it reviewed would not qualify for protection under whistleblower laws, there was “some risk that a court may find that at least some” would. The lawyers said that even if this were the case, KPMG had not breached those protections.
Another report provided by Ashurst treated the complaints as a workplace complaint and concluded “no further action is required by KPMG”, while an yet another review flagged that aspects of the most serious allegation, relating to the use of Lendlease information, may have been true.
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Hannah Wootton is a Rear Window columnist, based in the Melbourne newsroom. Send Hannah tips securely on hannahwootton.04 on encrypted messaging platform Signal. Connect with Hannah on . Email Hannahat hannah.wootton@afr.