Parker and Australian Securities and Investments Commission (Freedom of information)

[2016] AATA 767

Parker and Australian Securities and Investments Commission (Freedom of information) [2016] AATA 767 (30 September 2016)

Division	FREEDOM OF INFORMATION DIVISION
File Number(s)	2015/4891
Re	Geoffrey Parker
APPLICANT
And	Australian Securities and Investments Commission
RESPONDENT
And	Philip Bart
OTHER PARTY

DECISION

Tribunal	The Hon. D Cowdroy OAM QC, Deputy President
Date	30 September 2016
Place	Sydney

The Tribunal sets aside the decision under review, being the decision of ASIC dated 31 July 2015. In substitution, the Tribunal decides that the exemptions (as claimed in the final schedule annexed to the decision as ‘Annexure A’) are upheld.

....................................[sgd]....................................

The Hon. D Cowdroy OAM QC, Deputy President

CATCHWORDS

FREEDOM OF INFORMATION – exemptions claimed – whether documents exempt – prejudice to an investigation – disclosure of methods or procedures – legal professional privilege – deliberative matter – agency operations – prejudice supply of information – release of documents since decision under review – claims of exemption upheld – decision set aside and substituted

LEGISLATION

Administrative Appeals Tribunal Act 1975 s 35

Australian Securities and Investments Commission Act 2001 ss 11, 13(1)(a), 127
Corporations Act 2001 ss 5B, 533, 596A, 596B, 597

Freedom of Information Act 1982 ss 11, 11A, 37(1)(a), 37(2)(b), 42, 45, 47C, 47E(d), 47F, 47G(1)(b), 66

CASES

Actors’ Equity Association of Australia and Australian Broadcasting Tribunal (No 2) (1985) 7 ALD 584

Attorney Generals Department v Cockcroft (1986) 10 FCR 180
Boys v Australian Securities Commission [1996] FCA 1451
Chemical Trustee Ltd and Commissioner of Taxation [2013] AATA 623
“EV” and Attorney General’s Department [2015] AICmr 17
Farrow Mortgage Services Pty Ltd v Webb (1996) 39 NSWLR 601
Marshall v Director-General, Department of Transport (2001) 205 CLR 603
Media Ocean Ltd v Optus Mobile Pty Ltd (No10) [2010] FCA 1348
Re Noel John Sullivan and Department of Industry, Science and Technology and Australian Technology Group Pty Ltd [1997] AATA 192
Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111
Thompson v Judge Byrne (1999) 196 CLR 141
Tillman’s Butcheries Pty Ltd v Australasian Meat Employees Union (1979) 42 FLR 331

Zarro v Australian Securities Commission [1992] FCA 232

SECONDARY MATERIALS

Australian Information Commissioner Guidelines

Regulatory Guide 16, “External administrators: Reporting and Lodging”

REASONS FOR DECISION

The Hon. D Cowdroy OAM QC, Deputy President

30 September 2016

FACTS

1. On 11 July 2014 Bruck Textile Technologies Pty Ltd (Bruck) was placed in liquidation and Barry Taylor and Andrew Needham were appointed liquidators of the company (the liquidators”). On 23 December 2014 the liquidators published a Report to Creditors.

2. On  1 April 2015, Geoffrey Parker and Philip Bart, as the former Directors of Bruck, made a request under the Freedom of Information Act 1982 (FOI Act) for access to documents held by the respondent, the Australian Securities and Investments Commission (ASIC) which were related to the liquidation of Bruck and the investigations which followed.

3. It is convenient to record that the application for review before the Tribunal was only made by Mr Parker. At the commencement of the Hearing an application was made that Mr Bart be joined into the application for review. In the absence of any objection from the respondent, the joinder of Mr Bart as a party to these proceedings has been made. Mr Parker and Mr Bart will hereafter be referred to collectively as “the applicants”.

4. By letter dated 31 July 2015 ASIC responded to the applicants’ FOI request, acknowledging that it had identified 306 documents that came within the terms of the request under the FOI Act. ASIC agreed to release many documents, but a substantial number (253) were stated to be documents which would not be released under the FOI Act because they fell into categories involving an exemption from release for several reasons.

5. The exemptions from release under the FOI Act relied upon by ASIC comprised the following categories:

   a)documents affecting enforcement of law and protection of public safety: section 37(1)(a) of the FOI Act;

   b)documents affecting enforcement of law and protection of public safety: see section 37(2)(b);

   c)documents subject to legal professional privilege; section 42;

   d)public interest conditional exemptions, namely deliberative process: section 47C;

   e)public interest conditional exemptions: operations of agencies: section 47E(d);

   f)public interest conditional exemptions: personal privacy: section 47F;   

   g)public interest conditional exemption: business information: section 47G(1)(b).

6. By Application for Review filed in the Tribunal on 21 September 2015, the applicants seek a review of ASICs decision of 31 July 2015 that a number of documents or parts of documents are exempt from release under the FOI Act.

7. Since ASIC’s decision, the parties have engaged in further negotiations, resulting in several alterations to the decision under review pursuant to section 26 of the Administrative Appeals Tribunal Act 1975, and the release of a number of documents. However there are still many documents which remain the subject of the claim or claims as originally made for exemption resulting in the applicant being denied access to such documents. This has resulted in a prolonged hearing extending over five days.

8. In the course of the hearing it was necessary for the Tribunal to hold several closed sessions, resulting in the Tribunal considering samples said to be representative of each document in the absence of the applicant. Orders of confidentiality pursuant to section 35 of the Administrative Appeals Tribunal Act 1975 were made in relation to the closed portion of the hearing, and the relevant parts of the transcript.

9. The Tribunal has also heard submissions from both parties and has considered the evidence which is set out in summary hereunder.

   EVIDENCE

10. The affidavit of Jonathan O’Loughlin affirmed on 11 April 2016 was relied upon by the applicants. Such affidavit establishes that each of the applicants were directors of Bruck.  Essentially the affidavit refers to the application made on 1 April 2015 under the FOI Act to ASIC and the refusal of ASIC to produce such documents. On 12 August 2015 an application was then made on behalf of the applicants to the Australian Information Commissioner to exercise his discretion to refer the refusal directly to the Tribunal. The discretion under s54WB was exercised on 31 August 2016, and Mr Parker subsequently lodged his Application for Review at the Tribunal on 18 September 2015.

11. The affidavit also establishes that on 19 June 2015, the Federal Court of Australia granted the liquidators leave to issue summonses for examinations to the applicants and to others pursuant to section 596A of the Corporations Act 2001 (Cth) (“Corporations Act”) and that over 500 pages of examination transcripts have been produced concerning those examinations. The affidavit refers to an affidavit of Carl Sibilia, an employee of ASIC, sworn on 16 March 2016 and filed by ASIC which refers to the funding provided to ASIC in the amount of $272,206 for the purpose of investigations by the Department of Employment in respect of a hearing before the Senate Education and Employment Legislation Committee held on 11 February 2016. The affidavit refers to media and political interest which have followed from the liquidation of Bruck.

12. ASIC relies upon an affidavit of Carl Sibilia referred to above. Mr Sibilia is a Senior Manager in the Insolvency Practitioners Team (known as the IP Team). This affidavit essentially relates to the source of funding for the enquiry which is being made by ASIC following the liquidation of Bruck. For present purposes its only relevance lies in the fact that funding may be granted to carry out such investigations where, upon production of supplementary reports in the liquidation under section 533 of the Corporations Act, it is apparent that there exists the potential that court proceedings could be initiated for serious misconduct under the Corporations Act. Such conduct may include matters such as breaches of direct duties, breach of officers duties, insolvent trading, concealment, misappropriation or removal of company property.

13. The affidavit of Leigh Coughlan affirmed on 15 March 2016 provides the detail concerning the investigation of the documents and of the claims for exemption under the FOI Act or privilege which are now made by ASIC. Ms Coughlan is an employee of ASIC and Is the Senior Manager of the Misconduct and Breach Reporting Team.

14. Each document the subject of a claim for exemption or privilege has been identified. Each claim will be referred to in more detail hereunder.

15. A second affidavit of Ms Coughlan, affirmed on 19 April 2016, which is a confidential affidavit, provides factual material concerning liquidators reports and public examinations of certain persons.

    STATUTORY PROVISIONS

16. During the course of the hearing the Tribunal was referred to various sections of the Australian Securities and Investments Commission Act 2001 (ASIC Act), and of the Corporations Act.

17. Section 5B of the Corporations Act provides that ASIC has the general administration of such act. In respect of liquidations of corporations, section 533 of the Corporations Act relevantly provides, inter alia, that if it appears to the liquidator of a company, in the course of a winding up, that a past or present officer or employee may have been guilty of an offence under a law of the Commonwealth or of a State or Territory in relation to accompany, the liquidator must:

    “(d) as soon as practicable, and in any event within six months, after it so appears to him or her, lodge a report with respect to the matter and state in the report whether he or she proposes to make an application for an examination or order under section 597; and…”

18. Section 533(2) provides that the liquidator may also lodge further reports specifying any other matter which in his or her opinion it is desirable to bring to the notice of ASIC.

19. Section 596A of the Corporations Act empowers a court to summon a person for examination about a company’s examinable affairs if an eligible applicant (i.e. a liquidator) applies for the summons and the court is satisfied that the person is an officer or provisional liquidator of the company. Further, section 596B empowers a court to summon a person for examination if the court is satisfied that the person has taken part or been concerned in examinable affairs of a corporation and has been, or may be guilty of misconduct in relation to the corporation.

20. Section 11 of the ASIC Act invests ASIC with the various powers including power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions (see subsection 11(4)). Pursuant to section 13 thereof, powers are invested in ASIC to make such investigations as it thinks expedient for the due administration of the corporations legislation (section 13(1)). Further, where ASIC has reason to suspect that unacceptable circumstances within the meaning of Subdivision B of Division 2 of Part 6.10 of the Corporations Act have occurred, ASIC may make such investigation as it thinks expedient. Those circumstances arise where there is some perceived issue arising of misfeasance by company directors. Such investigations may occur following receipt by ASIC of a report of the liquidators of a liquidated corporation under section 422 or under section 533 of the Corporations Act.

21. Significantly, pursuant to section 127 of the ASIC Act the following sub-sections provide:

    (1) ASIC must take all reasonable measures to protect from unauthorised use or disclosure information:

    a)given to it in confidence in or in connection with the performance of its functions or the exercise of its powers under the corporations legislation…

    b)that is protected information, i.e. information disclosed or obtained or a document given or produced for the purposes of a function in s 12A and relating to the affairs of a body or person regulated by ASIC; or a body corporate (including a body corporate) a customer of a body or person regulated by ASIC: see definition of “protected information” contained in s 127(9) of the ASIC Act.

    Regulatory Guide 16

22. During the course of the hearing a publication of ASIC namely Regulatory Guide 16 titled “External administrators: Reporting and Lodging” was tendered. Such document seeks to explain when and how ASIC will exercise specific powers under the legislation, explains how ASIC interprets the law and describes the principles of ASIC’s approach. The Guide is useful only in that it provides some indication of the manner in which the ASIC officers have approached their task in determining whether the documents for which access is sought require protection. Another Guideline namely the “Guidelines issued by the Australian Information Commissioner under s93A of the Freedom of Information Act 1982” Version 1.3, October 2014 (the Guidelines) contains in Part 5 guidance on the exemptions. The exemptions claimed by the respondent will be more fully discussed hereunder.

23. Of course, it is the relevant statutory provisions of the FOI Act which determine the ultimate questions raised in this application. However, provided the Guidelines are not treated as having statutory effect so that its provisions do not limit the operation of the sections of the FOI Act, the Guidelines can provide a guide, and where possible, should be applied: see Secretary, Department of Prime Minister and Cabinet and Wood [2015] AATA 945. Accordingly, in this application, the Guidelines will be considered only as secondary material.

    CONDUCT OF THE HEARING

24. The hearing of this application commenced on 18 March 2016. A schedule of sample documents was produced by ASIC, and this schedule was considered to be a representation of all documents remaining in issue. The Tribunal also considered a schedule of documents entitled ‘Remaining documents not viewed by the Tribunal’, and a further schedule entitled ‘Applicant’s additional sample documents’. These schedules will be referred to as “the Schedules”.

25. During the preceding week, on 8 March 2016, the Respondent released a number of documents to the Applicant. This was given effect by an order of the Tribunal on 23 March 2016. On 20 April 2016, being the third day of the hearing, it became apparent to ASIC as a result of cross examination of Mr Sibilia that some of the documents referred to in the schedule of documents in respect of which confidentiality was maintained were already in the possession of the Applicant. On 20 April 2016 the Applicant requested that ASIC review the schedule of documents, and amend it to include a more detailed description of the documents. ASIC agreed to undertake this task, and the hearing was adjourned. Following this, ASIC decided to release further documents to the Applicant. This was reflected in an order of the Tribunal on 18 May 2016.

26. It should be observed that in respect of a substantial number of documents, an annexure, or in some instances many annexures were incorporated as part of the document. By this means there was much duplication and some confusion concerning whether the whole or part of the annexures had been provided to the applicant. Accordingly when the proceedings resumed for the remaining two days of hearing, the parties proceeded on the basis that no further amendments were required to the schedule of documents in respect of which exemption or privilege was claimed.

27. ASIC produced a Revised Schedule of Sample Documents (“the Schedule”) for the purpose of the Tribunal and the applicant, and it is this document which ultimately became the document upon which the final determination is to be made.

28. The Tribunal, in closed session, was taken by ASIC through the sample documents in the schedules. ASIC identified 33 categories of documents in respect of which exemption or privilege was claimed. In respect of each of the 33 categories, exemption was claimed under one or more statutory bases. In some instances it was submitted by ASIC that there were up to 5 statutory bases for maintaining the exemption or privilege. As the applicants are aware, the documents in question relate in some way to the liquidation of Bruck, and investigations flowing from the public examination of the applicants concerning their involvement as directors of the company. The investigations by ASIC into the question of whether the applicants have, or may have, committed any breaches of any laws remain incomplete.

    SUBMISSIONS AND CONSIDERATION

29. The applicant submits that the documents in question have been prepared in the context of the liquidators enquiries into the failure of Bruck. A report has been released to creditors which discusses the results of investigations and which has identified matters which the liquidators believed warranted further enquiries. Further, there have been public examinations involving various persons who were formerly associated with Bruck, including the applicant. Those enquiries have not yet been concluded. Further, the applicant submits that evidence has been tendered in the public examination proceedings which reveals enquiries made and certain factual matters which the liquidators have been considering and are still considering

30. The applicant submits that much of the material which has been involved in the investigations has now become public, which fact should undermine if not defeat the submissions by ASIC relied upon in support of its claim for exemptions. The applicants refer to the fact that the reports prepared by the liquidators could be obtained by subpoena and rely upon the decisions of the Federal Court of Australia in Boys v Australian Securities Commission [1996] FCA 1451 and Zarro v Australian Securities Commission [1992] FCA 232. The applicants submit that the claim by ASIC that liquidators would be less forthright in the expression of their opinions if the reports were disclosed, cannot be sustained.

31. The applicants further submit that the reliance upon various statutory provisions under the FOI Act are questionable because the contents of the relevant documents do not appear to establish the basis of the exemption relied upon by ASIC. Specifically the applicants submit in relation to each of the statutory provisions relied upon by ASIC under the FOI Act that the claim for exemption is not justified. The specific submissions of the applicant will be referred to hereunder.

    SPECIFIC STATUTORY PROVISIONS

    Section 37(1)(a)

32. ASIC relies upon the portion of the Act which states that a document is an exempt document if its disclosure “would, or could reasonably be expected to… prejudice the conduct of an investigation of the breach, or possible breach, of the law…”; or that such disclosure would “or could reasonably be expected to… prejudice the enforcement or proper administration of the law in a particular instance.”

33. The applicants rely upon the fact that such tests requires “a judgment… as to whether it is reasonable, as distinct from something that is irrational, absurd or ridiculous” in assessing the prejudicial outcome: see Attorney Generals Department v Cockcroft (1986) 10 FCR 180 at 190; approved in Searle Australia Pty Ltd v Public Interest Advocacy Centre (1992) 36 FCR 111 at 123. ASIC acknowledges that it must establish a real, significant or material possibility of the asserted prejudice, and that mere risk, possibility or chance of prejudice is insufficient: see Guidelines (as referred to hereunder) [5.15], [5.24] and [5.76]. See also Chemical Trustee Ltd and Commissioner of Taxation [2013] AATA 623 at [79] in which the Tribunal referred to the necessity for an inference “based on reasonable grounds that the information in question could, in whole or in part, prejudice the conduct of an investigation of a breach of a law…”.

1. The applicants point to the fact that as yet no formal investigation has been commenced against the applicants and accordingly the onus lies upon the Tribunal to be satisfied that the current enquiries can constitute an “investigation” for the purposes of section 37(1)(a).

2. The applicants have referred to numerous authorities confirming that prejudice must be established by proper evidence. As to the ordinary meeting of prejudice in this context, see Thompson v Judge Byrne (1999) 196 CLR 141 at [19]; Marshall v Director-General, Department of Transport (2001) 205 CLR 603 at [37]. The applicants refer to the definition of “prejudicial effect” contained at [5.20] of the Guidelines being a bias or change to the expected results leading to “detrimental or disadvantageous outcomes”.

3. The applicants also refer to the second limb relied upon by ASIC, namely that the prejudice must be one with respect to enforcement or proper administration of the law in “a particular instance”. In this respect the applicants refer to the need to scrutinise each document to determine whether the exemption in fact justifies a claim; whether the claims made as set out in a schedule are in fact justified and whether the release of the unidentified documents would “forewarn” the applicants of steps which ASIC will or is likely to take against the applicants.

4. The applicants submit that the potential prejudicial effects claimed by ASIC would presumably dissipate after the liquidators public examinations when much of the information would become publically available. Accordingly there would be no basis for maintaining the confidentiality.

5. In respect to the category of “Investigation Documents”, being the documents which relate to the funding and the agreement to fund the investigations against the applicants, and potentially others, the applicants submit that the source of funding is derived from monies contributed by the Commonwealth and accordingly involves the use of public monies. The applicants submit and that ASIC does not explain how the disclosure of such documents is relevant to the exemption under section 37(1)(a).

   Section 37(2)(b): methods or procedures

6. Under this category the applicants submit that ASIC must establish for each document identified, that the disclosure would or could reasonably be expected to disclose lawful methods of procedures for preventing, detecting, investigating or dealing with the matters of possible breaches or evasions of the law and secondly, the prejudice which would be sustained to the effectiveness of such procedures or methods.

7. The applicants submit that the affidavit evidence goes no more than to state that investigations are in progress; that there is a funding agreement with the liquidator and that no specific prejudice is revealed.

   Section 42: legal professional privilege

8. Reference is made to Re Mullett and Attorney Generals Department [2012] AATA 103 in which the Tribunal succinctly summarised the law concerning the application of section 42. The determination of whether such a ground can be relied upon is to be decided by common-law general law principles; that if a communication is created for the “dominant purpose” of legal advice or pending litigation and was intended to be confidential, then it will be protected. What constitutes a “dominant purpose” has been said not to equate to the “primary” or the “substantial” purpose. Reference is also made to the decision of the New South Wales Court of Appeal in Marshall v Prescott [2013] NSWCA 152 which re-affrimed that where a document otherwise are subject to legal professional privilege is disclosed to another, such privilege is usually lost: see [57]-[65]. The applicants submit that such principles must be considered by the Tribunal when assessing the claim of ASIC.

   Section 47C: Conditionally exempt documents – deliberative process

9. ASIC has referred to the fact that there are two key elements to section 47C(1), namely that the disclosure of the document would reveal a “deliberative matter” and, secondly that the “deliberative matter” must have taken place in the course of, or for the purpose of the deliberate process involved in the functions of the agency, i.e. ASIC.

10. In Re Zacek and Australian Postal Corporation [2002] AATA 473 the Tribunal considered the concept of a “deliberative matter”. In particular, the Tribunal referred to the imprecise dividing line between documents disclosing a deliberative process and those documents which are purely procedural or administrative in a function. At [55] the Tribunal refers to the fact that it is only documents containing opinion, advice, recommendations, and similar matters relating to the internal process of deliberation that are potentially protected. The applicants have referred in their written submissions to numerous other authorities on such issue.

    Section 47E(d): substantial adverse effect on the operations of an agency

11. Section 47E provides as follows:

    A document is conditionally exempt if its disclosure under this Act would, or could reasonably be expected to, do any of the following:

    …

    (d)  have a substantial adverse effect on the proper and efficient conduct of the operations of an agency.

    Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).

12. Pursuant to this statutory provision, the applicants submit that ASIC must establish, for each of the documents claimed to have the subject of such exemption, that the disclosure of the document would or could reasonably be expected to have a substantial adverse effect on the proper and efficient conduct of the operations of ASIC. The phrase “substantial adverse effect on the proper and efficient conduct of the operations of an agency” has been the subject of consideration in Diamond and Chief Executive Officer of the Australian Curriculum, Assessment and Reporting Authority [2014] AATA 707 at [114]-[120]. In summary, the word “substantial”, relying upon an earlier decision of the Full Federal Court of Australia in Tillman’s Butcheries Pty Ltd v Australasian Meat Employees Union (1979) 42 FLR 331, means more than trivial or minimal.

13. The applicants submit that the material relied upon by ASIC fails to meet such tests.

    Section 47G(1)(b): business information

14. Section 47G(1)(b) provides as follows:

    (1) A document is conditionally exempt if its disclosure under this Act would disclose information concerning a person in respect of his or her business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, in a case in which the disclosure of the information:

    …

    (b)  could reasonably be expected to prejudice the future supply of information to the Commonwealth or an agency for the purpose of the administration of a law of the Commonwealth or of a Territory or the administration of matters administered by an agency.

15. The applicants refer to the fact that ASIC relies on such exemption in respect of select documents. The applicants urge the Tribunal to consider such documents carefully to determine how information contained in the documents would concern the business or professional affairs of the liquidators, a fact relied upon by ASIC as justifying the exemption, and to the fact that should the documents be made public, it could have a “chilling effect” in respect to future communications made by the liquidator.

    The public interest

16. As to the aspect of the public interest, the applicants point to the fact that the liquidators have already released to creditors their report which has discussed the results of investigations and identified certain matters; there have been public examinations during which the legal representatives of the liquidators have enquired into the affairs of Bruck. Further, the applicants submit that whilst ASIC seeks to minimise the fact that disclosure might assist to inform the public debate, there evidence has been filed which reveals inquiries made on the factual matters the liquidators are considering, and this material is in the public domain. Thirdly, public oversight is needed where public money is being spent on the investigations.

    FINDINGS

17. During an examination extending over two days, the Tribunal considered each of the 33 sample documents in the ‘Respondent’s list of sample documents’, and subsequently the documents in the schedule entitled ‘Remaining documents not viewed by Tribunal, and in the “Applicants additional sample documents”.

18. Having done so, the Tribunal is satisfied that the claim made by ASIC in each case is justified, subject to certain documents which ASIC has now disclosed to the applicants. Those documents were considered by the Tribunal to be so peripheral that the particular portion or statement in the document in respect of which confidentiality is claimed was considered by the Tribunal not to warrant exemption those documents were removed from the schedule. However, in respect of the other documents, the Tribunal finds that at least one, and in some cases more, statutory basis for exemption existed and that ASIC was justified in maintaining its claims. Some documents include deliberations by officers with lawyers or with the liquidators and consideration of matters going to the question of whether the applicants have been guilty of misconduct in relation to the administration of Bruck.

19. The majority of documents considered by the Tribunal warrant exemption because the requirements of section 37(1)(a) was satisfied, namely that the documents if released, could prejudice the conduct of an investigation of a breach or possible breach of the law, or prejudice the enforcement or the proper administration of the law. Such exemption is unconditional .The prejudice is established if the release could reasonably result in “detrimental or disadvantageous outcomes”: see Re James and Australian National University [1984] AATA 501.

20. The documents in this category do not relate to general investigations: rather, they are specifically directed to a known class of persons, and accordingly “prejudice” in a particular instance” could result if disclosure were made: see Re Murtagh and Federal Commissioner of Taxation [1984] AATA 249. The Guidelines also are directed to such a requirement: see [5.77]. Further, it is significant that the investigations are continuing. A liquidator’s report has been received under s 533, and a supplementary report from the liquidators is yet to be received by ASIC. The risk of potential prejudice if disclosure is made in the absence of the supplementary report is real.

21. Other documents warranted exemption because they fell within the protection provided by section 47E(d) of the FOI Act. That is, those documents if made public would, or could reasonably be expected to, have an adverse effect on the operations of ASIC because they disclose internal notations, consideration and conclusions relating to potential breaches of the Corporations Act or of other statutes. Such exemption has been considered in Attorney General v Cockcroft (1986) 10 FCR 180; Actors’ Equity Association of Australia and Australian Broadcasting Tribunal (No 2) (1985) 7 ALD 584 at [25]: Re Diamond and Chief Executive Officer of the Australian Curriculum Assessment and Reporting Authority [2014] AATA 707.

22. Such statutory exemption is conditional. However, the Tribunal is satisfied that the release of those documents could severely compromise the conduct of the duties of the officers, particularly in circumstances where they related to deliberations with liquidators arising out of their reports made under section 533 or supplementary reports. If the information contained in these documents were made available to the applicants, the Tribunal is satisfied that ASIC’s statutory role in the administration of the Corporations Act could be seriously prejudiced if such documents were released. The Tribunal concludes that such a consequence is not in the public interest: see s11A(5) of the FOI Act. Those documents include documents of assessment, briefing documents, internal information and advice documents and reports.

23. Another ground of claimed exemption which the Tribunal finds is applicable to many documents is that provided by Section 47C. That is, the documents, or at least many of them, contain information relating to the deliberative process of officers of ASIC. Those deliberations must remain confidential if they are able to fulfil the role of investigating potential corporate misconduct. Many of these documents include email chains and then in some cases the email chain has been expanded by comments of other officers engaged in ASIC where their opinion might have been sought and given. The Tribunal is satisfied that such documents, if made public, or released to the applicants, could seriously impact upon the decision-making process within ASIC.

24. Another ground which applied to a limited number of documents related to the protection provided by section 42(1) of the FOI Act, namely legal professional privilege. The FOI Act does not contain a definition of ‘legal professional privilege’, and accordingly the traditional principles of the privilege recognised between legal adviser and client must be applied.  These documents related to email chains concerning legal advice which have been provided both externally and internally to ASIC. Some related to advice provided in a meeting or meetings of ASIC officers, or meetings of ASIC officers and others. Such advices clearly fall within the definition of legal professional privilege and where that advice has been repeated in internal emails for the guidance or assistance of ASIC personnel in connection with the discharge of their duties, it is apparent that those documents readily qualify for exemption.

25. On the material before the Tribunal, there is no basis for any assertion that the privilege has been waived. The liquidators and the legal advisers of ASIC between whom the advices have passed are protected because of the common interest of the parties: see Farrow Mortgage Services Pty Ltd v Webb (1996) 39 NSWLR 601: Media Ocean Ltd v Optus Mobile Pty Ltd (No10) [2010] FCA 1348 at [49] – [54]. See also Re Noel John Sullivan and Department of Industry, Science and Technology and Australian Technology Group Pty Ltd [1997] AATA 192. It should be observed that the Guidelines refer to such protection: see [5.127] and [5.132] thereof.

26. The Tribunal notes that ASIC also relies, as an additional ground for maintaining the exemption upon provisions of section 45. Relevantly, section 45(1) of the FOI Act protects documents where disclosure would result in a breach of confidence. Such exemption would only apply in the present circumstances, to a very limited number of documents, but it is nevertheless a statutory ground available to be relied upon for many of the documents.

27. ASIC also relied upon the provisions of s 47C, namely that certain documents disclose the deliberative process undertaken by ASIC. Many such records contain briefing notes and internal memoranda, which were clearly intended only for ASIC’s statutory purposes. If not exempt, they would reveal thought processes of ASIC officers in connection with the ongoing investigations. The Tribunal upholds the claim in relation to such records.

28. ASIC also claims exemption in respect of certain of the documents under section 47G(1)(b), namely that the release of the information could prejudice the future flow of business affairs information. In this category of documents there are reports and email chains from the liquidators to those officers involved in the Insolvency Practitioners section of ASIC who have the responsibility for the conduct of investigating whether, upon the liquidation of a company, further investigation may be required to determine if any misfeasance has occurred by any company officer. The email chains contain candid information from the liquidators.

29. The Tribunal is satisfied that if exemption were not maintained for such records, the future provision of information from both outside ASIC and within ASIC could be seriously prejudiced. This ground is established, in addition to the above grounds.

30. It follows that the claims by ASIC for exemption from disclosure  on the several grounds claimed have been found to be justified, and they  are upheld in respect of the sample documents referred to in the schedule.

    Additional matter

31. The applicants sought to have included in its application for review, certain documents which did not fall within the scope of the original application made under the FOI Act. This application was resisted by the respondent.

32. The established principle on an application under the FOI Act is that the scope of the inquiry must be confined to those documents, production of which was sought at the time of the original application. Accordingly an applicant has no statutory right to seek production of documents which were not included in its FOI application, and an applicant cannot insist on production of those records: see “EV” and Attorney General’s Department [2015] AICmr 17 (18 February 2015). The Tribunal accepts that such principle is correct, both in logic and in law. Accordingly, later documents are not within the scope of this enquiry.

    Costs

33. The applicants have made extensive submissions to the effect the applicants costs of this application should be paid by the respondent. They rely upon the chronology which shows that ASIC released documents after the Application for Review was made, and continued up to the hearing to do so. For this reason, the applicants claim that costs have been unnecessarily incurred. The applicants rely upon the fact that an adjournment was sought by ASIC for two days whilst ASIC gave further consideration to its claims following  the confidential hearing, which resulted in a small number of documents being  released.

34. The application for costs is opposed by the respondent, on several grounds.

35. Ultimately, consideration must be given to the overall result. That is, as provided by s 66(1) of the FOI Act, the Tribunal must assess whether the applicants have been successful, or substantially successful, in their application for review: see s66(1)(b).That is the only criteria available to the Tribunal, as a condition of it making any recommendation to the Minister that the applicant’s costs be paid.

36. When the number of documents is considered in respect of which the respondent’s claims to exemption were made, the Tribunal cannot conclude that the threshold above has been satisfied.

37. Even if it had been met, the Tribunal would need to consider other matters as enumerated in s 66(2) of the FOI Act. The Tribunal considers that its decision will benefit the general public, and further, that the decision under review was reasonable.

38. For these reasons, the Tribunal makes no order as to costs.

    DECISION

39. The Tribunal determines that documents in the Revised Schedule of sample documents and in the schedule entitled ‘Remaining documents not viewed by the Tribunal’, and the schedule entitled ‘Applicant’s additional sample documents’ are fully exempt or conditionally exempt (in part or in full) under the exemption as identified by the respondent in those schedules.

40. Having examined the statutory claims for exemption in the sample schedules of documents, the Tribunal finds that the claims made for exemption in respect of the sample documents be upheld. It follows that all documents for which exemption is claimed are upheld.

41. A final schedule, which incorporates all documents before the Tribunal was prepared by ASIC following the hearing. This final schedule notes, where relevant, the documents released by ASIC during the review process, and the documents over which exemptions are still claimed, and the statutory basis for the claimed exemptions. This consolidated schedule is attached to this decision as ‘Annexure A’.

42. The Tribunal sets aside the decision under review, being the decision of ASIC dated 31 July 2015. In substitution, the Tribunal decides that the exemptions (as claimed in the final schedule annexed to the decision as ‘Annexure A’) are upheld.

I certify that the preceding 75 (seventy - five) paragraphs are a true copy of the reasons for the decision herein of The Hon. D Cowdroy OAM QC, Deputy President

.............................[sgd]...........................................

Associate

Dated 30 September 2016

Date(s) of hearing	18, 19, 20, 27 April 2016 and  4, 17 May 2016
Date final submissions received	24 May 2016
Counsel for the Applicant and Other Party	Mr H El Hage
Solicitors for the Applicant and Other Party	William James Law
Counsel for the Respondent	Ms D Tucker
Solicitors for the Respondent	Australian Securities Investment Commission

‘ANNEXURE A’

Amended Revised Schedule of Documents – Provided following the hearing at the Tribunal’s request

Part 1 – All correspondence between ASIC and the Liquidators

Part 2 – All internal ASIC correspondence regarding the Company or the Directors

Part 3 – All correspondence between ASIC and any other Federal Government bodies or ministerial offices

Part 1 – All correspondence between ASIC and the Liquidators

#	Description	Date	Pages	Notes	Decision	Further release on 8/3/16	Proposed further release during hearing	Exemption	Conditional Exemption	Duplic-ate	Respondent Sample Set	Applicant Sample Set
1.	Email from Andrew Needham (liquidator) to Taline Chater, Adrian Brown, Barry Taylor and Carl Sibilia (ASIC staff) - RE: Bruck Textile Technologies Pty Ltd (in liquidation) [HLBNSW-Clients.FID1745047]	11/11/14 2.32pm	3	Email chain re AAF application and liquidator's offer to meet ASIC to discuss. Refers to Document 140 and 140.1.	Refuse	Release	37(1)(a)	47E(d)	Category 30 (further email following Document 140)
2.	Email from Patrick F. O'Connor to Adrian Brown, John Laird, Andrew Needhan, Barry Taylor and Odetter MCKee-Holt - RE: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation)	12/03/15 6.55pm	2	Email attaching signed variation to AAF agreement. Attachment dated 12/03/15	Refuse	Part release: Email released & attachment denied	Release attachment (Full Release)	37(1)(a)	47E(d)	Relates to Category 12
3.	Email from Barry Taylor to Odetter MCKee-Holt - Read: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation)	12/03/15 2.33pm	1	Read receipt only	Release
4.	Email from Andrew Needham to Odetter MCKee-Holt - Read: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation)	12/03/15 12.08pm	1	Read receipt only	Release
5.	Email from Patrick F. O'Conner to John Laird, Adrian Brown, Taline Cahter, Barry Taylor and Andrew Needham - Bruck Textile Technologies Pty Ltd (In Liquidation)	24/11/14 1.01pm	1	Email notes a response to an earlier ASIC letter is attached.	Release
6.	Email from Taline Chater to Andrew Needham - Re: FW: Bruck Textile Technologies Pty Ltd (In liquidation)	17/11/14 1.42pm	2	Taline thanking Andrew for response.	Release
7.	Email from Andrew Needham to Taline Chater - FW: Bruck Textile Technologies Pty Ltd (In liquidation)	17/11/14 1.32pm	2	Forwarding Taline letter from Liquidators. Attachment dated 12/11/14 has been deleted	Release
8.	Email from Taline Chater to Andrew Needham - RE: Bruck Textile Technologies Pty Ltd (in liquidation)	17/11/14 11.04am	5	5 emails	Refuse	Full release	37(1)(a)	47E(d)
9.	Email from Taline Chater to Andrew Needham, Barry Taylor and Carl Sibilia - Bruck Textile Technologies Pty Ltd (in liquidation)	7/11/14 4.37pm	1	Email only refers to attachment. Attachment is ASIC letter dated 7/11/14 to the Liquidators requesting further information about Liquidators’ independence	Release email Refuse attachment	37(1)(a)	47E(d)	9.1 duplicates 43.1, 127.1, 189.1	Relates to Category 30 (letter to Liquidators preceding Document 140)
10.	Email from Janani Kotapati to Patrick O'Connor, Barry Taylor and Andrew Needham - Bruck Textile Technologies Pty Ltd (In Liquidation)	17/04/15 2.17pm	1	Email notes the attachment is variation to the AAF Agreement	Refuse	Full release	37(1)(a)	47E(d)
11.	Attachment to Doc 10 – Letter varying the terms of the AAF Agreement	17/04/15	5	Proposed amendments to AAF agreement set out in letter, including to cater for strategy of proposed public examinations. Liquidators to sign if they agree. This version is unsigned by the Liquidators	Refuse	37(1)(a)	47E(d)	Relates to Category 7 (Letter to liquidator varying AAF Agreement, following Internal Assessment 71.5)

Part 2 – All internal ASIC correspondence regarding the Company or the Directors

#	Description of document	Date	Pages	Notes	Decision	Further release on 8/3/16	Proposed further release during hearing	Exemption	Conditional Exemption	Dupli-cate	Respondent Sample Set	Applicant Sample Set
12.	Email from Will Schouten to John Laird - Fw: AA Fund - Bruck Textile Technologies Pty Ltd	19/01/15 5.44pm	1	Only content of email is to note briefing is attached.	Release
13.	Email from Will Schouten to John Laird - Fw: AA Fund - Bruck Textile Technologies Pty Ltd	19/01/15 5.44pm	3	Briefing referred to in #12. 1 Attachment: 3 page internal briefing for Senior staff dated Aug 2014. Sets out key information about Bruck failure, issues and allegations about director conduct, also background information, ASIC action, and next steps	Refuse	Part release: Email released & attachment denied	37(1)(a)	47C, 47E(d)	Document 124.1 is subsequent version of 13.1 Document 134.1 is previous version of 13.1
14.	Email from Will Schouten to John Laird - Fw: AA Fund - Bruck Textile Technologies Pty Ltd (in liq)	19/01/15 4.36pm	2	Requests progress update from Liquidators.	Refuse	Full release	37(1)(a)	47E(d)
15.	Email from Will Schouten to Will Schouten - Fw: Bruck	16/01/15 12.39pm	1	Notes briefing updated.	Refuse	Full release	37(1)(a)	47E(d)
16.	Email from Will Schouten to Catrina Orr - Bruck Textile Technologies Pty Ltd (in liq)	15/01/15 10.01am	1	Relates to extraction of data from ASIC databases. Describes what data ASIC needs and limitations of particular databases.	Refuse	37(1)(a)	47E(d)	Relates to Document 107 (similar nature of discussion of internal processes)
17.	Email from Will Schouten to Carl Sibilia  - Fw: Handover meeting	13/01/15 5.54pm- Email chain begins 9/1/15.	2	Reference to Bruck, content largely relates to status of other matters	Refuse	Release with not relevant material (referring to other ASIC activities) redacted, under section 22 of FOI Act (Full Release).	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Documents 240 and 241)
18.	Email from Will Schouten to David McGrath & Leanne Balit - Fw: AA Funded Report - Bruck Textile Technologies Pty Ltd (in liq)	9/01/15 4.02pm	3	Email chain about arranging a meeting. Also specifies topics for discussion at proposed meeting, such as the content of findings from investigation and process for transferring findings from investigation to ASIC.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Documents 240 and 241)	Relates to Document 107 (similar nature of discussion of internal processes)
19.	Email from Will Schouten to David McGrath & Leanne Balit - Fw: AA Funded Report - Bruck Textile Technologies Pty Ltd (in liq)	9/01/15 2.06pm	1	Email just states ‘refer to attached docs’	Release
20.	Attachments to email above Doc 19. From Will Schouten to David McGrath & Leanne Balit - Fw: AA Funded Report - Bruck Textile Technologies Pty	Attachment 1: Dated 23/12/14. Report to Creditors. Attachment 2: Dated 17/12/14. File note from Liquidators on findings from investigation, including information about how data is stored. (6 pages). Attachment 3: Dated 24/11/14. Letter from Liquidators to ASIC providing information about findings from investigation. (8 pages)	Refuse	Release Attachment 1, despite this document being exempt under the FOI Act as it is publicly available. Maintain exemption on email and Attachments 2 and 3.	37(1)(a) Report to creditors exempt – available for purchase	47E(d)	20.3 duplicats60.1, 149.1	Category 13 (Document 20.3)	Document 20.1 20.2 20.3
21.	Email from Will Schouten to David McGrath & Leanne Balit - Fw: AA Funded Report - Bruck Textile Technologies Pty Ltd (in liq)	9/01/15 9.20am	3	Includes one attachment – Dated 17/12/14. File note from Liquidators on findings from investigation, including information about how data is stored. (6 pages).	Refuse	37(1)(a)	47E(d)	Attachment duplicates 20.2. See also 234.1 and 252.2	Relates to Category 13	21.1 is a duplicate of Document 20.2
22.	Email from Will Schouten to John Laird - Fw: AA Fund - Bruck Textile Technologies Pty Ltd	11/12/14 12.36pm	1	Refers to meeting with Liquidators 1 attachment: Agenda for ASIC meeting with Liquidators on 18/12/2014. Agenda items reveal findings from Liquidators’ investigation	Refuse	Part release: Email released & attachment denied	37(1)(a)	Relates to Category 13
23.	Email from Will Schouten to Catrina Orr - Fw: Duplicate advisory matter?	4/12/14 5.21pm	2	Email about ASIC activities relating to Bruck, including information from ASIC’s internal databases. It shows information such as the date the activities started, how many subjects, and the status.	Refuse	Release redacted	37(1)(a)	Relates to Category 17 (Documents 240 and 241)	Relates to Document 107 (similar nature of discussion of internal processes)
24.	Email from Will Schouten to John Laird - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation)	3/12/14 4.02pm	2	Attachment dated 3/12/14. Attachment is the executed AA Funding Agreement. Email references the agreement.	Refuse	Part release: Email released & attachment denied	37(1)(a)	47E(d)	24.1 duplicates 24.1, 26.1, 27.1, 33.1, 40.1, 47, 65.1, 138.1, 151.1, 156.1, 159.1, 160.1, 178.1, 191.1, 192.1, 224.1	Category 1 (Document 24.1)
25.	Email from Will Schouten to John Laird & Adrian Brown - Bruck Textiles	2/12/14 5.31pm	1	Relates to Bruck corporate structure  1 attachment: a diagram prepared by ASIC detailing structure and transactions	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Documents 240 and 241)
26.	Email from Will Schouten to John Laird - Fw: Bruck AA Funding Agreement	2/12/14 4.50pm	2	Attachment – AA Funding Agreement	Refuse	Part release: Email released & attachment denied	37(1)(a) 42	47E(d)	Category 1 (Document 26.1) Category 29 (Document 26.1)
27.	Email from Will Schouten to John Laird - Bruck Textile Technologies Pty Ltd (In Liquidation) - AA Fund Agreement	2/12/14 11.33am	1	Attachment – AA Funding Agreement	Refuse	Part release: Email released & attachment denied	37(1)(a) 42	47E(d)	Attachment is a duplicate of Doc 26 Attachment.	Category 1 (Document 27.1) Category 29 (Document 26.1)
28.	Email from Will Schouten to John Laird - Bruck Textiles	31/10/14 4.43pm	1	Email refers to the AA Funding Agreement	Refuse	Full release	37(1)(a)	47E(d)
29.	Email from Will Schouten to Taline Chater - Re: AA Fund Agreement - Bruck Textiles	24/10/14 8.55am	3	Internal email from Will Schouten seeking comments from Taline Chater on Bruck Liquidators’ AAF Agreement. Email includes link to AAF Agreement activity in ASIC internal database (NIRS), which, in the electronic document, includes  attachments which are iterations of the AAF Agreement.	Refuse	Release cover email, with non related material redacted under section 22 of the FOI Act. Release Attachment (NIRS database entry only, not electronic attachment)	37(1)(a)	47E(d)	Relates to Category 17 (Documents 240 and 241)	Document 29
30.	Email from Will Schouten to Con  Tsitouras - Bruck Textile Technologies Pty Ltd	23/10/14 5.18pm	1	Email refers to external lines of inquiry for ASIC to gather further material about allegations of misconduct against directors. Later email chain in Document 82.	Refuse	37(1)(a), 37(2)(b)	47E(d)	Relates to Category 17 (Documents 240 and 241)	Document 30
31.	Email from Will Schouten to Taline Chater - AA Fund Agreement - Bruck Textiles	23/10/14 4.48pm	1	Email seeking comment on draft AAF Agreement, and proving link to internal database activity. Earlier email in same chain as Doc 28.	Refuse	Email released	37(1)(a)	47E(d)
32.	Email from Will Schouten to John Laird - Bruck Project Tasks - Stage 1	23/10/14 4.26pm	1	Attachment: (3 pages) Project Tasks Stage 1 with track changes.	Refuse	Part release: Email released & attachment denied	37(1)(a), 37(2)(b)	47C, 47E(d)	32.1 duplicates 129.1	Category 2 (Document 32.1)
33.	Email from Will Schouten to John Laird - Bruck Textiles	15/10/14 3.15pm	1	Attachment dated 14/10/14 – Revised Funding Agreement.	Refuse	Part release: Email released & attachment denied	37(1)(a), 37(2)(b)	47E(d)	Category 1 (Document 33.1)
34.	Email from Will Schouten to Jim Kotsovolos & John Laird - Bruck Textile Technologies Pty Ltd (In Liquidation)	26/09/14 3.43pm	1	Internal email seeking guidance on specifying Liquidators’ project tasks under AAF Agreement. Discusses potential offences relevant to alleged director misconduct.	Refuse	37(1)(a), 37(2)(b)	47E(d)	Relates to Category 17 (Documents 240 and 241)
35.	Email from Will Schouten to John Laird - Re: Bruck	25/09/14 5.42pm	1	Contains link to news article concerning Bruck	Release
36.	Email from MIMESweeper to Will Schouten - MIMEsweeper PMM Update	10/02/15 8.25am	1	Automated message – no confidential info	Release
37.	Email from MIMESweeper to Will Schouten - MIMEsweeper PMM Update	9/02/15 8.33am	1	Automated message – no confidential info	Release
38.	Email from MIMESweeper to Will Schouten & John Laird - A message was sent to you that exceeds the message size limit.	3/02/15 1.16pm	1	Automated message – no confidential info	Release
39.	Email from Taline Chater to Will Schouten - Fw: Bruck Textile Technologies Pty Ltd (in liquidation)	2/12/14 11.18am	4	Attachment:  4 page letter from the Liquidators to ASIC dated 10/11/14 responding to ASIC inquiries, and attaching DIRRI and letter of indemnity from Australian Textile Group Pty Ltd. DIRRI is publicly available. Letter of indemnity is authored by applicant.	Refuse	Part release: Email released & attachment denied	Release attachments to 39.1. (Partial Release). Maintain exemption on letter from Liquidators to ASIC (that is, maintain Document 39.1 itself is exempt).	37(1)(a)	47E(d)	Document 39.1 is duplicated at 63.1.	Relates to Category 30 (further email following Document 140)
40.	Email from Taline Chater to Will Schouten and John Laird - Bruck-Funding Agreement - 20141014 (A4305234)	2/12/14 10.13am	1	Same email chain from Document 38. Attachment is a draft version of the AAF Agreement with track changes.	Refuse	Part release: Email released & attachment denied	37(1)(a)	47E(d)	40.1 duplicates 47.1	Relates to Category 33 (further draft of AAF Agreement)
41.	Email from Taline Chater to Adrian Brown and John Laird - Re: Fw: Bruck	26/11/14 5.17pm	3	Internal query re AA Funding application	Refuse	Full release	37(1)(a)	47E(d)
42.	Email from Taline Chater to Adrian Brown and Carl Sibilia - Re: Brucks Textiles - 2nd letter to HLB Mann Judd	12/11/14 4.46pm	5	Attachment is draft unsigned letter dated 12/11/14. Letter seeks further information from the Liquidators on implementing AAF Agreement.	Refuse	Release email. Maintain exemption on 42.1. (Partial Release)	37(1)(a)	47C, 47E(d)	42.1 duplicates 62.1, 145.1, 146.1, 187.1, 249.5	Category 12 (Document 42.1)
43.	Email from Adrian Brown to Taline Chater and Carl Sibilia - Re: Independence letter to HLB Bruck Technology textiles (A4322760)	7/11/14 3.52pm	2	Attachment is draft letter that seeks further information from Liquidators	Refuse	37(1)(a)	47E(d)	Relates to Category 30 (further email following Document 140)
44.	Email from Adrian Brown to Taline Chater and Carl Sibilia - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	7/11/14 2.06pm	4	Email chain details internal views re DIRRI 1 Attachment: (18 page). Attachment is letter from Liquidators to Creditors advising of the first creditors meeting, and attaching Notice of Meeting, proof of debt form, and the Liquidators’ Declaration of Independence, Relevant Relationships, and Indemnities (DIRRI)	Refuse	Release 44.1, although document is exempt as it is publicly available. Maintain exemption on covering email. (Partial Release)	37(1)(a)	47C, 47E(d)	Document 44
45.	Email from Adrian Brown to Taline Chater, Carl Sibilia and John Laird - Fw: Bruck Textiles AAF application	7/11/14 2.06pm	5	Email chain discusses alleged misconduct by directors; independence of Liquidators; and scope of investigations under AAF Application. 5 attachments being the BRI Ferrier Report Financial Review of Options dated 11/6/14, prepared for the company. The remaining 4 attachments are annexures A to D to this report.	Refuse	Release 45.1-5: BRI Ferrier Report and report’s Annexures, which was prepared for the Applicants’ company. Maintain exemption on email. (Partial Release)	37(1)(a)	47C, 47E(d)	158	Relates to Category 30 (email preceding Document 140)
46.	Email from Adrian Brown to Taline Chater, Carl Sibilia and John Laird - Fw: Funding Agreement - 20141014 (A4305234)	7/11/14 9.15am	3	Internal email chain between ASIC staff discussing independence of Liquidators and strategy for gathering information about alleged misconduct of directors.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 30 (Document 140) and Category 31 (Document 142)	Document 46
47.	Email from Adrian Brown to Taline Chater and Carl Sibilia - Fw: Funding Agreement - 20141014 (A4305234)	7/11/14 8.21am	2	Draft AA Funding Agreement attached, changes tracked.	Refuse	Release cover email. Maintain exemption on 47.1	37(1)(a)	47C, 47E(d)	47.1 duplicates 40.1	Relates to Category 31 (Document 142)
48.	Email from Adrian Brown to John Laird and IP Managers - Bruck Technology Textiles	31/10/14 6.50pm	2	Email details Adrian Brown’s views on internal strategy, particular offence provisions, confidentiality clauses, and scope of AAF Agreement. 1 attachment. 2 page undated internal document with questions and issues arising from ASIC staff assessment of AAF Application	Refuse	37(1)(a)	47C, 47E(d)	48.1 duplicates 250.26	Category 23 (Document 48.1)
49.	Email from Adrian Brown to John Laird and Carl Sibilia - Re: Bruck Textiles AAF application	21/10/14 11.50am	2	4 attachments: 1. 12 page file note from IP team dated 17/10/14 (surveillance report) 2. IP team’s AAF Assessment Guide (spreadsheet) 3. AAF request from the Liquidator (24 pages) 4. 7 page M&BR assessment dated 16/9/14	Refuse	37(1)(a)	47E(d)	49.1 duplicates 71.1, 78.1, 104.2, 163.1, 165.1, 248.1, 249.1 49.2 duplicates 163.2, 248.2, 249.2 49.3 duplicates 62.2, 163.3, 165.3, 187.2, 248.3, 249.3 49.4 duplicates 71.2, 163.4, 165.4, 248.4, 249.4	Category 3 (Document 49.3) Category 4 (Document 49.1) Category 5 (Document 49.2) Category 6 (Document 49.4) Category 29 (Document 49.3)
50.	Email from Adrian Saggers to Carl Sibilia - Re: Fw: Bruck Textile Technologies Pty Ltd (in liquidation)	11/11/14 7.02pm	3	Internal views re Bruck Investigation	Refuse	37(1)(a)	47E(d)	Relates to Category 30 (Document 140)
51.	Email from Adrian Saggers to Carl Sibilia - Re: Fw: Bruck Textile Technologies Pty Ltd (in liquidation)	10/11/14 7.00pm	5	Correspondence with Liquidators	Refuse	Release Redacted	37(1)(a)	47E(d)	Relates to Category 30 (Document 140)
52.	Email from Adrian Saggers to Carl Sibilia - Fw: Bruck Technology Textiles	31/10/14 7.14pm	3	Email chain provides additional comments from Adrian Saggers on matters in Document 48	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 23 (Document 48.1) Relates to Category 30 (Document 140) Relates to Category 31 (Document 142)
53.	Email from Adrian Saggers to John Laird and Carl Sibilia – Re: Bruck Textiles AAF application	17/10/14 11.07am	11	Email chain seeking input on assessment of AAF Application. Internal views on ASIC approach to alleged misconduct by directors.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17
54.	Email from Andre Khoury to John Laird, Adrian Brown, Robert Rush and Media Unit - Re: Bruck Textiles media message	27/03/15 1.12pm	7	Email chain setting out proposed response to a media query	Refuse	Full release	37(1)(a)	47E(d)	Document 54
55.	Email from Adrian Brown to Andre Khoury, Daniel Wright and John Laird - Re: Fw: Bruck Textiles	6/08/14 1.24pm	4	Notes 533 report has been lodged	Refuse	Full release	37(1)(a)	47E(d)	Document 55
56.	Email from Adrian Brown to Andre Khoury, Brett Bassett, John Laird, Media Unit and Warren Day - Re: We are investigating Bruck Textiles	16/07/14 11.43pm	2	Email chain refers to external liaison, strategic considerations. Email chain also includes ABC article dated 16/07/2014: ASIC probe won 't delay entitlements for Bruck workers : Abetz	Refuse	Release redacted.	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document 240)
57.	Email from Angela Friend to John Price, Adrian Brown and Media Unit - Follow up questions on Bruck Textile Technologies	4/12/14 1.55pm	1	Questions from journalist, also refers to briefing.	Refuse	Full release	47E(d)	Document 57
58.	Email from Angela Friend to Daniel Wright, Adrian Brown, Andre Khoury, Brett Bassett, John Laird, Media Unit and Warren Day - Re: We are investigating Bruck Textiles	17/07/14 1.14pm	4	Email chain discussing media responses. Includes part of email chain at Document 56, including references to external liaison, strategic considerations, and copy of ABC article dated 16/07/2014	Refuse	Release redacted	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document 240)
59.	Email from Brett Bassett to Adrian Brown, John Price, Robert Rush, Warren Day and John Laird - RE: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	14/07/14 12.35pm	3	Discusses internal liaison about responding to alleged misconduct by directors and next steps across ASIC teams. Email chain also includes Document 306, which has been released in full to the Applicant.	Refuse	Maintain exemption on Document, though ASIC acknowledges that to the extent that email chain includes Document 306, this part has been released to the Applicant.	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document 240)
60.	Email from Taline Chater to Carl Sibilia and John Laird - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) [HLBNSW-Clients.FID1745047]	24/11/14 2.31pm	2	1 attachment: 8 page letter from the Liquidators to ASIC dated 24/11/14 providing information about Liquidators’’ investigations.	Refuse	Release cover email. Maintain exemption on 60.1	37(1)(a)	47E(d)	Attachment is Document 20.3.	Relates to Category 30 (Document 140)
61.	Email from Taline Chater to Carl Sibilia - Re: Fw: Bruck Textile Technologies Pty Ltd (In liquidation)	17/11/14 3.25pm	4	Notes we are awaiting a response from the liquidators.	Release
62.	Email from Taline Chater to Carl Sibilia - Re: BRUCKS Textiles	12/11/14 2.56pm	5	Email discusses iterative process of drafting letter to Liquidators and content. 2 attachments 1 Draft unsigned copy of ASIC letter to Liquidators dated 12/11/14 regarding conduct and status of investigations. 2. 24 page Assetless administration funding request – Form EX03	Refuse	Partial release of covering email	37(1)(a)	47E(d)	Attachment 1 is a duplicate of 42.1 Attachment 2 is a duplicate of 49.3, 62.2, 163.3, 165.3 and 250.23	Category 12 (Document 62.1) Category 29 (Document 62.2) Category 3 (Document 62.2) Covering email also relates to Category 12
63.	Email from Carl Sibilia to Taline Chater - Re: Fw: Bruck Textile Technologies Pty Ltd (in liquidation) [HLBNSW-Clients.FID1745047]	11/11/14 1.53pm	4	Email chain details inquiries conducted with Liquidators. Attachment is 4 page correspondence from the Liquidators to ASIC dated 10/11/14 attaching DIRRI and letter from Indemnity from Australian Textile Group Pty Ltd.	Refuse	Same decision for 63.1 as 39.1. That is, release the attachments to 63.1. (Partial Release). Maintain exemption on email and on letter from Liquidators to ASIC (that is, maintain Document 63.1 itself is exempt).	37(1)(a)	47E(d)	Attachment is a duplicate of Document 39.1, 64.1 and 140.1.	Relates to Category 30 (email following Document 140)
64.	Email from Carl Sibilia to Adrian Brown, Taline Chater and Adrian Saggers - Fw: Bruck Textile Technologies Pty Ltd (in liquidation) [HLBNSW-Clients.FID1745047]	10/11/14 5.43pm	4	Cover email attaches letter from Liquidators. Attachment is 4 page letter from the Liquidators to ASIC dated 10/11/14 attaching DIRRI and Letter of Indemnity from Australian Textile Group Pty Ltd.	Refuse	Release cover email. Also, re 64.1, same decision as for 39.1 and 63.1 (see above).	37(1)(a)	47E(d)	Attachment 1 is a duplicate of 39.1, 63.1, 140.1	Relates to Category 30 (Document 140)
65.	Email from Taline Chater to Carl Sibilia and Adrian Brown - Bruck Textiles - Funding Agreement – 20141014	7/11/14 10.16am	1	Email provides link to draft AAF Agreement. Attachment is the AA Funding agreement.	Refuse	Release cover email. Maintain exemption on 65.1.	37(1)(a), 37(2)(b)	47E(d)	Category 1 (Document 65.1)
66.	Email from Daniel Wright to Adrian Brown and John Laird - Re: Bruck Textile statement	30/09/14 9.17am	3	Email chain on whether to release a public statement on ASIC’s website on ASIC consideration of alleged misconduct by directors, including draft text of statement. Specifies ASIC focus at particular time. Attachment is later version of draft public statement in word document form.	Refuse	37(1)(a)	47E(d)	Document 66
67.	Email from Daniel Wright to Adrian Brown, John Laird and Media Unit	26/09/14 8.16am	1	Attaching ABC story on Bruck, includes interview with liquidator	Release
68.	Email from Daniel Wright to John Laird, Adrian Brown and Media Unit - Re: Bruck Textiles - ABC	24/09/14 5.06pm	2	Email chain regarding crafting of media message.	Release in part – redact for personal contact details. Applicants advise they will not press production of redacted material.	47F Applicants advise they will not press production of redacted material.
69.	Email from Daniel Wright to Adrian Brown, Andre Khoury, Brett Bassett, John Laird, Media Unit and Warren Day - Re: We are investigating Bruck Textiles	16/07/14 4.33pm	5	Email chain discussing media responses. Part of email chain at Documents 56 and 58. Includes references to external liaison, strategic considerations, and copy of ABC article dated 16/07/2014.	Refuse	Release redacted.	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document 240) Relates to Category 25 (Document 244)
70.	Email from George Stogdale to Carl Sibilia - Re: Bruck Textiles - AA Fund Briefing	10/04/15 10.20am	2	Refers to existence of AA funding. No other confidential detail.	Release
71.	Email from Adrian Brown to George Stogdale - Bruck Textiles	7/04/15 4.57pm	1	Email seeking internal advice on ASIC approach to allegations of director misconduct. 5 attachments 1. 12 page file note dated 17/10/14 (surveillance report) 2. 17 page M&BR assessment dated 16/9/14 3. Funded supplementary report to ASIC 4. Letter from Liquidators to ASIC dated 11/3/15 attaching Statement of Facts (55 pages) 5. 5 page ASIC memo dated 10/4/15 recommending approval of AAF Application.	Refuse	37(1)(a), 37(2)(b)	47C, 47E(d)	71.1 is a duplicate of 49.1 Attachment 2 is a duplicate of 49.2 71.3 duplicates 78.1, 104.3, 111.5, 167.1 71.5 duplicates  104.1, 111.1, 209.2, 211.1, 223.1, 226.1	Email overall relates to Category 17 (Document 240) Category 4 (Document 71.1) Category 6 (Document 71.2) Category 10 Document 71.3) Category 18 (Document 71.4) Category 7 (Document 71.5)
72.	Email from Con Tsitouras to Fay Brown, Romina Dein and Gokhan Oguzhan. - Re: Ascertain activity 28022/14	15/09/14 10.35am	2	Email chain includes request for advice from ASIC’s Registry team about a report of alleged misconduct, in relation to the processing of an ASIC Form about an unrelated entity that had been lodged with ASIC. Email chain contains print screen of an internal database displaying unrelated ASIC registry and regulatory activities about the particular subject.	Refuse	47E(d)	Relates to Category 17 (Document 240)
73.	Email from Sarah Scott to Con Tsitouras - Fw: 6	8/05/15 11.52am	2	Security Agreement between Bruck Textiles and Bruck Textile Technologies.	Release
74.	Email from Sarah Scott to Con Tsitouras - Fw: 5	8/05/15 11.24am	2	Email providing a copy of attachments to the Liquidators’ Statement of Facts (SoF) and 533(2) report, totalling 472 pages.	Refuse	Part release: Email released & attachment denied	37(1)(a),	47E(d)	Category 18 (Document 74.1)
75.	Email from Sarah Scott to Con Tsitouras - Fw: 4	8/05/15 11.24am	2	Attachment to the Liquidator’s SoF. Comprises a number of docs. Includes: ·     Current and historical extracts ·     Correspondence between liquidators and one of the former directors – James Castrios ·     Bruck agreement with GE Finance (start at p. 155) ·     Several Bruck Westpac account statements ·     Liquidators questionnaire for Bruck directors ·     Minutes of Bruck Board meeting ·     Directors’ reports ·     Bruck Financial Report	Release
76.	Email from Sarah Scott to Con Tsitouras - Fw: 3	8/05/15 11.24am	2	Attachment is the Statement of Facts supplied by the Liquidators	Refuse	Part release: Email released & attachment denied	37(1)(a), 37(2)(b)	47E(d)	Category 18 (Document 76.1)
77.	Email from Sarah Scott to Con Tsitouras - Fw: 2	8/05/15 11.23am	2	Attachment is a lease between Australian Textile Mills and Sisley Properties	Release
78.	Email from Sarah Scott to Con Tsitouras - Fw: 1	8/05/15 11.23am	2	Attachment is 203 page funded supplementary report from Liquidators	Refuse	Part release: Email released & attachment denied	37(1)(a), 37(2)(b)	47E(d)	Category 10 (Document 78.1)
79.	Email from Adrian Brown to Will Schouten and John Laird - RE: Bruck Textiles	2/12/14 6.14pm	2	Internal views on consideration of alleged misconduct by directors, with respect to transaction.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Document 240, 241)
80.	Email from John Laird to Adrian Brown - Re: Bruck Update	11/05/15 6.26pm	3	Relates to AAF Agreement and email chain refers to getting advice from ASIC's Chief Legal Office	Refuse	37(1)(a) 42	47C, 47E(d)	Category 26 (Document 80)
81.	Email from John Laird to Adrian Brown - Bruck Update	11/05/15 4.00pm	1	Email chain notes proposed strategy for public examination. Attachment is correspondence from lawyers to the Liquidators.	Refuse	37(1)(a) 42	47C, 47E(d)	Category 26 (Document 81)	Document 81
82.	Email from Con Tsitouras to Will Schouten and John Laird - Re: Bruck Textile Technologies Pty Ltd	8/05/15 11.49am	2	Refers to external inquiries made by ASIC to gather information about allegations of director misconduct. Email chain is response to email at Document 30.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Documents 240 and 241)
83.	Email from John Laird to Con Tsitouras	18/09/14 10.29am	1	AA referral accepted Attachment is ASIC database NIRS reference to AAF Application consideration by IP team.	Refuse	Part release: Email released & attachment denied	37(1)(a)	47E(d)	Relates to Category 6 (Document 49.4)
84.	Email from Con Tsitouras to John Laird - Fw: Assetless Administration funding requests	17/09/14 3.08pm	5	Email chain regarding AA referral 1 attachment – 2 page internal ASIC database document setting out referral to IP team.	Refuse	Part release: Email released & attachment denied	37(1)(a)	47E(d)	Relates to Category 6 (Document 49.4)
85.	Email from John Laird to Con Tsitouras - RE: Bruck Textiles	16/09/14 7.50pm	5	Email chain includes internal strategy about receiving AAF application and supplementary report	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document 240, 241)
86.	Email from Con Tsitouras to Will Schouten - Bruck Textile Technologies Pty Ltd - link to finalised activity	19/09/14 4.50pm	2	Email discusses location of file, provides a link (but no attachment) to finalised activity.	Release
87.	Email from Jim Kotsovolos to Con Tsitouras and Gokhan Oguzhan - Bruck Textile	15/09/14 5.45pm	1	Email discusses Senior Executive Leader approval of strategy on assessment of allegations of director misconduct. Attachment is a 1 page internal document dated 15/9/14 with a table setting out allegations, findings from inquiries, recommended approach to issues.	Refuse	22, 37(1)(a),	47E(d)	Relates to Category 17 (Document 240, 241)
88.	Email from Con Tsitouras to Jim Kotsovolos and Gokhan Oguzhan - Bruck Textile Technologies Pty Ltd (ASIC ref 28022/14)	15/09/14 1.07pm	1	Email content includes earlier version of Document 87.1.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Document 240, 241)
89.	Email from Gokhan Oguzhan to Con Tsitouras - Bruck Textile Technologies Pty Ltd (ASIC ref 28022/14)	15/09/14 1.03pm	2	Email content includes earlier version of Document 87 1.	Refuse	37(1)(a)	47E(d)	See 87.1 (final version) and 88 (earlier draft version)	Relates to Category 17 (Document 240, 241)
90.	Email from Con Tsitouras to Jim Kotsovolos and Gokhan Oguzhan	15/09/14 10.13am	1	Email content includes earlier version of Document 87.1.	Refuse	37(1)(a)	47E(d)	See 87.1 (final version), 88 and 89 (earlier drafts versions)	Relates to Category 17 (Document 240, 241)
91.	Email from John Laird to Con Tsitouras - Re: Fw: Bruck Textiles	2/09/14 11.59am	3	Email chain includes internal strategy about receiving AAF Application and supplementary report. Follows Document 85.	Refuse	37(1)(a)	47C, 47E(d)	Part of the same email chain as 85	Relates to Category 17 (Document 240, 241)
92.	Email from Con Tsitouras to John Connor	21/08/14 12.56pm	1	Email discusses an unrelated form that another ASIC officer was considering, and refers to allegations of misconduct by officers.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Document 240, 241)
93.	Email from Romina Dein to Con Tsitouras, Jim Kotsovolos and Leigh Coughlan - Bruck Textile Technologies	11/08/14 4.09pm	1	Contains details of internal discussions and strategy for assessing allegations of director misconduct.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Document 240, 241)
94.	Email from Terry Marks to Con Tsitouras - Activity 30037/14 merged with 28022/14	6/08/14 12.53am	1	Administrative content only – refers to activities being merged in CMS (numbers only).	Release
95.	Email from Leigh Coughlan to Terry Marks, Con Tsitouras and Romina Dein	6/08/14 10.26am	2	Email chain contains details of internal discussions and strategy for assessing allegations of director misconduct. Also discusses liaison with internal teams.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document 240, 241)
96.	Email from Con Tsitouras to Terry Marks - Fw: Bruck Textile Technologies	6/08/14 8.56am	2	Email chain with details of and attaching Liquidators’ report: EX01 form lodged under section 533(1)(a)	Refuse	37(1)(a)	47E(d)	Category 9 (Document 96)
97.	Email from Con Tsitouras to John Laird and Terry Marks - Re: Bruck Textiles	6/08/14 8.56am	2	Email chain with details of and attaching Liquidators’ report: EX01 form lodged under section 533(1)(a)	Refuse	37(1)(a)	47E(d)	Document is a duplicate of Document 96	Category 9 (Document 96)
98.	Email from Lei Lei to Con Tsitouras - Fw: Request to register: Fw: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	8/05/15 11.06am	5	Contains details of external liaison 2 attachments: 1. Media article 2. Table setting out information for Bruck's associated companies	Refuse	Part release: Email denied & attachment to email that is Media article released.	37(1)(a)	47E(d)	Relates to Category 17 (Document 240, 241)
99.	Email from John Laird to Adrian Brown - Bruck	5/05/15 11.37am	1	Details of next steps internally, discussions with Liquidators.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Document 240, 241)	Document 99
100.	Email from Adrian Brown to John Laird - Re: Fw: Bruck Textiles AAF application to conduct PE	17/04/15 10.05am	6	Details of AA funding including approval sought and amounts.	Refuse	37(1)(a)	47E(d)	Category 19 (Document 100.1) Relates to Category 7 and 17
101.	Email from John Laird to Adrian Brown - Re: Bruck Textiles	14/04/15 9.33am –	3	Emails discussing internal views on Liquidators’ proposed legal advisers for assistance with investigation. (Complete email chain of 102 and 103)	Refuse	37(1)(a)	47E(d)	Relates to Category 17 and 19
102.	Email from John Price to Adrian Brown - Re: Fw: Bruck Textiles AAF application to conduct PE	13/04/15 03:12 PM	2	Email chain discusses AAF Application and approval processes, including amounts and nature of Liquidators’ investigations. 1 Attachment: AAF Funding Memo dated 10/04/2015 Part of 101 email chain.	Refuse	37(1)(a)	47E(d)	102.1 is duplicated at 104.1 and 105.1	Relates to Category 17 and 19

103.	Email from John Laird to Adrian Brown  - Bruck Textiles	13/04/15 3.00pm	1	Earlier email in chain at 101.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 and 19
104.	Email from John Laird to George Stogdale and Carl Sibilia - Re: Bruck Textiles - AA Fund Briefing	13/04/15 11.51am	2	Email contains a summary of material provided by Liquidators. 4 attachments: 1. 5 page ASIC memo dated 10/4/15 recommending approval of funding. 2. 12 page file note dated 17/10/14 (surveillance report) 3. Funded supplementary report to ASIC 4. Letter from Liquidators to ASIC dated 11/3/15 attaching Statement of Facts. (55 pages)	Refuse	37(1)(a)	47C, 47E(d)	Attachment 1 is a duplicate of 71.5, 250.45 Attachment 2 is a duplicate of 49.1 See also Doc 71.1,163.1 Attachment 3 is a duplicate of  71.3 Attachment 4 is a duplicate of 71.4, 75, 250.39	Category 4 (Document 104.2) Category 7 (Document 104.1) Category 10 (Document 104.3) Category 18 (Document 104.4) Email relates to Category 17
105.	Email from Adrian Brown to John Laird - Re: Bruck Textiles AAF application to conduct PE	13/04/15 8.56am	4	Email chain discusses amount of funding, use of law firms, and cost estimates.   Attachment is AA funding memo	Refuse	37(1)(a)	47E(d)	Document 105.1 is 71.5, 104.1, and 250.45	Relates to Category 7 and 17
106.	Email from John Laird to Adrian Brown – Bruck	9/04/15 12.40pm	1	Notes awaiting submission from HDY	Release
107.	Email from Adrian Brown to John Laird - Re: Fw: Federal Circuit Court proceedings action against Bruck directors	9/04/15 12.38pm	3	Discussion of internal processes and legal action taken by the Union	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17	Document 107
108.	Email from Adrian Brown to John Laird - Fw: Bruck Textiles AAF application to conduct PE	7/04/15 4.59pm	3	Discusses internal strategy and tasks of different teams within ASIC. Also details of AA funding.	Refuse	37(1)(a)	47C, 47E(d)	109	Relates to Category 7 and 17	Document 108
109.	Email from Adrian Brown to John Laird - Re: Bruck Textiles AAF application to conduct PE	7/04/15 3.57pm	3	Part of the email chain in Document 108	Refuse	37(1)(a)	47C, 47E(d)	110	Relates to Category 7 and 17	Relates to Document 108
110.	Email from John Laird to Adrian Brown - Re: Bruck Textiles AAF application to conduct PE	7/04/15 11.24am	3	Part of the email chain in Document 108	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 7 and 17
111.	Email from Adrian Brown to John Laird - Re: Bruck Textiles AAF application to conduct PE	7/04/15 10.21am	2	Email discusses funding approval, public examinations and what teams within ASIC are planning on doing. 9 attachments. 1. 7 page draft funding memo dated 2/4/15 with track changes 2. 7 page letter from the Liquidators to ASIC dated 1/4/15 and annexure to letter – summary of public examination costs submissions 3. Ashurst advice. 4. Letter from Liquidators to ASIC dated 11/3/15 and statement of facts (55 pages) 5. Funded supplementary report under s533(2) (203 pages) 6.-9. are together a bundle of scanned documents provided by the Liquidators with the s 533(2) report. 9. -452 pages including security agreements, email chains, funding agreements and grant agreements.	Refuse 111.6, 111.7, and 111.9 were released in the initial decision as Documents 77, 75, and 73 respectively.	37(1)(a) 42 (attachment 3 only)	47C, 47E(d)	111.1 duplicates 71.1 111.4 duplicates 71.4, 74.1, 104.4, 250.39 111.5 duplicates 71.3 and 104.3 111.7 duplicates 75 (472 page released document) 111.8 duplicates 74.1 (472 page document)	Category 7 (Document 111.1) Category 18 (Document 111.4) Category 10 (Document 111.5) Category 11 (Document 111.1-111.9) Category 29 (Document 111.3) Relates to Category 17
112.	Email from Adrian Brown to John Laird - Re: Bruck Textiles GE	2/04/15 8.39am	2	Discussion of strategy for public examinations and use of particular lawyers	Refuse	37(1)(a)	47E(d)	Relates to Category 7 and 17
113.	Email from John Price to Robert Rush, Adrian Brown, John Laird and Media Unit - Re: Fw: Bruck Textiles media message	27/03/15 4.04pm	7	Emails re crafting the message to media and includes mention of what not to say to the media	Refuse	Release redacted	37(1)(a)	47C, 47E(d)	Document 113
114.	Email from Adrian Brown to John Laird - Re: Bruck - AA funding update	14/01/15 8.51am	5	Emails re Liquidators’ electronic review, discussions with Evidence Services about recording information gained from Liquidators’ investigations.	Refuse	37(1)(a)	47E(d)	Relates to Category 17
115.	Email from John Laird to Adrian Brown - Re: Bruck - AAF agreement	1/12/14 12.28pm	7	Email chain re AAF Agreement. Includes proposed changes and staff views of internal strategy of addressing allegations of director misconduct.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17 and 19
116.	Email from John Laird to Adrian Brown - Re: Bruck - AAF agreement	28/11/14 11.32am	5	Earlier version of email chain in Document 115. Same key content.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17 and 19
117.	Email from John Laird to Adrian Brown - Re: Bruck - Discussion with Dept of Industry	30/01/15 4.35pm	3	Details external lines of inquiry about allegations of director misconduct.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 and 19
118.	Email from Matthew Abbott to Daniel Wright, Adrian Brown, John Laird and Media Unit - RE: Bruck	26/09/14 8.28am	2	Forwarding interview with Minister Abetz.	Release
119.	Email from John Laird to Taline Chater, Carl Sibilia and Will Schouten - Re: Bruck AAF scoping	3/11/14 6.37pm	3	Refers to AA Funding.	Release	Document 119
120.	Email from Adrian Brown to John Laird - Re: Bruck Liquidators	22/10/14 5.42pm	2	Notes previous relationship of insolvency practitioners. Original attachment to email chain deleted from chain.	Refuse	Release	37(1)(a)	47E(d)	Relates to Category 17, 19, 30, 31
121.	Email from Odette McKee-Holt to John Laird - Re: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation)	12/03/15 12.11pm	3	Email refers to an attachment (letter to the Liquidators). Attachment has been deleted.	Release
122.	Email from Adrian Brown to Madeline Pryor, Media Unit and John Laird - Re: Bruck textile Technologies / insolvency practitioners' report	26/03/15 3.34pm	3	Describes response to media query received and mentions external inquiries ASIC should make and current status of matter	Refuse	Release	47E(d)	Relates to Category 25 (Document 244)	Document 122
123.	Email from Adrian Brown to Madeline Pryor - Re: Fw: Bruck textile Technologies / insolvency practitioners' report	26/02/15 11.15am	2	Earlier version of email chain at Document 122	Refuse	Release	47E(d)	Relates to Category 25 (Document 244)	Relates to Document 122
124.	Email from John Laird to Marc Robinson and Adrian Brown - Fw: Bruck Textiles - Initial Briefing	18/07/14 3.27pm	2	Includes info re nature and status of investigation and request for PJC brief to be updated with confidential information for internal use. Emails also include confidential info. 1 attachment: 3 page PJC and SEC brief dated July 2014.	Refuse	37(1)(a)	47C, 47E(d)	Document 124
125.	Email from John Laird to Daniel Wright, Media Unit and Adrian Brown - Re: Bruck Textiles - ABC	24/09/14 4.43pm	2	Internal emails re development of media messages. Document is later email in chain of Document 68.	Refuse	Release with personal details redacted. Same decision as for Document 68, which the Applicants advise they will not press production of redacted material. Redacted under section 47F.	47C, 47E(d)	Document 125
126.	Email from Adrian Brown to John Laird- Re: Fw: Bruck Textiles - ABC	25/09/14 8.35am	3	Later version of email chain at Document 125	Refuse	Release with personal details redacted. Same decision as for Document 68, which the Applicants advise they will not press production of redacted material. Redacted under section 47F.	47C, 47E(d)
127.	Email from Katie Stansen to Taline Chater and Carl Sibilia	7/11/14 4.30pm	3	Cover email for 2 attachments 1. 2 page ASIC letter to Liquidators dated 7/11/14 about Liquidators’ independence.  2.  2 page unsigned draft version of attachment 1.	Refuse	Release email. Maintain exemption on attachments	37(1)(a)	47C, 47E(d)	Attachment 1 is a duplicate of 9. See also 189.1 and 43.1
128.	Email from Mirna Kairouz to Robert Rush, Adrian Brown, John Price, Katie Stansen and Matthew Abbott	28/11/14 11.25am	6	Emails discussing external liaison	Refuse	Release	47E(d)	Document 128
129.	Email from Adrian Brown to John Price and Mirna Kairouz - Various - Bruck and liquidator remuneration matters	24/02/15 3.09pm	1	Internal email setting out the AAF Agreement, the amount, and matters re liquidator remuneration. 3 attachments 1. 6 page Annexure B to the AAF Agreement 2 and 3: Private firm summations and commentary	Refuse	Full release of email. Full release of 129.2 and 129.3. Maintain exemption on 129.1	37(1)(a)	47C, 47E(d)	129.1 duplicates 32.1	Category 2 (Document 129.1)	Document 128
130.	Email from John Laird to Andre Khoury and Adrian Brown - Re: We are investigating Bruck Textiles	25/07/14 10.54am	2	Attachment is letter that ASIC requested be tabled at creditors’ meeting.	Release
131.	Email from Adrian Brown to Warren Day - Fw: We are investigating Bruck Textiles	16/07/14 2.32pm	3	Email discusses response to media query and includes inquiries with external agency. Document is later in email chain for 56, 58, and 69.	Refuse	Release redacted.	47E(d)	Relates to Category 17 (Document 240) Relates to Category 25 (Document 244)
132.	Email from John Price to Adrian Brown, Matthew Abbott and Robert Rush - Rescheduled: (Teleconf. M) confidential briefing re Bruck Textile Technologies	5/12/14 4.26pm	1	Calendar entry about meeting with then Minister Abetz. 2 attachments: 1.1 page letter from then Minister Abetz to ASIC dated 24/11/14 2. 2 page ASIC letter to then Minister Abetz dated 1/10/14	Refuse	Release email. Maintain exemption on Attachments.	37(1)(a)	47E(d)	Document 132
133.	Email from John Price to Adrian Brown and Mirna Kairouz - Fw: ASIC letter re Bruck Textile Technologies	1/10/14 11.26am	1	Email chain about sending Treasury a copy of ASIC's letter to then Minister Abetz 1 attachment: 2 page ASIC letter to then Minister Abetz dated 1/10/14	Refuse	Release email. Maintain exemption on attachment	37(1)(a)	47E(d)	Attachment is a duplicate of 132.2 See also 148.1, 250.20, 300.1	Relates to Category 24
134.	Email from John Price to Adrian Brown to John Price, John Laird, Marc Robinson and Robert Rush - Briefing template February Senate Estimates Bruck Textiles (C323059)	23/02/15 3.01pm	1	Email sets out updates made to Senate Estimates brief. 1 attachment: 3 page Senate Estimates brief dated February 2015.	Refuse	37(1)(a)	47E(d)	Relates to Category 17 (Document 240. 241)	Document 134
135.	Email from Adrian Brown to Robert Rush, Andre Khoury, John Laird, and Warren Day - Fw: Bruck Media and QT Hansard	16/07/14 4.26pm	2	Attachments all media articles.	Release
136.	Email from Adrian Brown to Kaite Stansen - Fw: Bruck Media and QT Hansard	16/07/14 4.08pm	2	Same content as Document 135	Release
137.	Email from Adran Brown to John Laird and Odette McKee-Holt - Re: Fw: Bruck	12/03/15 11.30am	1	Email chain discusses request for extension by the Liquidators and summarises discussions with Department of Employment. 1 attachment: draft ASIC letter granting further extension of time	Refuse	47E(d)	Relates to Category 17 (Document 240. 241)
138.	Email from John Laird to Adrian Brown and IP Managers - Re: Bruck Technology Textiles	3/11/14 6.40pm	5	Internal email chain discusses Liquidators’ independence, alleged director misconduct, funding strategy, potential offences, and investigation strategy  3 attachments 1. 26 page draft AAF Agreement with track changes 2. 2 page ASIC funding memo dated 3/11/14 3. Bruck Textiles list of questions arising from AAF assessment	Refuse	37(1)(a)	47C, 47E(d)	138.1 duplicate of 26.1 and 27.1	Relates to Category 7, 17, 30 and 31
139.	Email from John Laird to Adrian Brown - Fw: Bruck Textile statement	29/09/14 3.42pm	2	Attaches media statement.	Release
140.	Email from Taline Chater to Carl Sibilia - Fw: Bruck Textile Technologies Pty Ltd (in liquidation)	11/11/14 1.47pm	3	Emails sets out discussions with Liquidators and internal discussion about a particular business sale agreement. 1 attachment:  4 pages. 2 page letter from liquidators dated 10/11/14 addressing independence concerns and attaching DIRRI and copy of letter of indemnity provided by ATG.	Refuse	Partial release. Release attachments to Document 140.1. Same decision as with 63.1 and 64.1.	37(1)(a)	47E(d), 47G	Attachment duplicates 63.1 and 64.1	Category 30 (Document 140)	Document 140
141.	Email from John Laird to Adrian Brown - FW: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	15/07/14 6.24pm	1	1 attachment: 18 page Circular to creditors, including DIRRI.	Exempt	Full Release.	Available for purchase from ASIC’s website
142.	Email from Adrian Brown to Taline Chater and Carl Sibilia - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	7/11/14 2.06pm	4	Email chain discusses the recommendation for funding, the scope of work, the BRI report, and Liquidators’ independence.  5 attachments being the BRI Ferrier Report Financial Review of Options dated 11/6/14. The remaining 4 attachments are annexures A to D to this report.	Refuse	Partial Release. Release Attachments. Maintain exemption on email. See decision for 45.1-45.5.	37(1)(a)	47E(d), 47G	Attachments duplicate 45.1 – 45.5	Category 31 (Document 142)
143.	Email from Adrian Brown to John Laird - Re: FW: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	16/07/14 5.58pm	5	Email chain discusses circular to creditors and Liquidators’ independence.	Refuse	37(1)(a),	47C, 47E(d), 47G	Category 32 (Document 143)
144.	Email from John Laird to Adrian Brown - Re: Bruck Textile Technologies Pty Ltd (In Liquidation) PE submission	23/02/15 11.41am	2	Email chain discusses further information ASIC would like from the Liquidators and updates to the Senate Estimates Brief. 1 attachment: 3 page Senate Estimates Brief dated February 2015	Refuse	47E(d)	Relates to Category 17 and 31 (Document 142)
145.	Email from Taline Chater to Andrew Needham, Barry Taylor, Adrian Brown and Carl Sibilia - Bruck Textile Technologies Pty Ltd (In liquidation)	12/11/14 5.17pm	1	Attachment is letter to Liquidators, seeking further information.	Refuse	Part release: Email released & attachment denied	37(1)(a)	47E(d)	Category 12 (Document 145.1)
146.	Email from Taline Chater to John Laird and Carl Sibilia - Fw: Bruck Textile Technologies Pty Ltd (In liquidation)	18/11/14 6.19pm	2	Email chain discusses next steps and following up with Liquidators. 1 attachment: 2 page ASIC letter to the liquidators dated 12/11/14	Refuse	Release email. Maintain exemption on attachment	47E(d)	Attachment is a duplicate of Doc 145 Attachment and 249.5	Relates to Category 12 (Document 145.1 and 249.5)
147.	Email from Taline Chater to Carl Sibilia - Re: Fw: Bruck Textile Technologies Pty Ltd (In liquidation)	17/11/14 3.25pm	4	Speculation re when the Liquidators will respond to a letter. No confidential info.	Release
148.	Email from Adrian Brown to Aaron Jenkinson, John Price, John Laird and Robert Rush - Bruck Textile Technologies Pty Ltd (In Liquidation)	1/10/14 11.34am	1	Attachment is letter to Treasury. Notes steps taken internally and includes comments re Liquidators’ report.	Refuse	Release email. Maintain exemption on attachment.	37(1)(a)	47E(d)	Attachment 1 is a duplicate of 133.1, 250.20, 300.1	Relates to Category 17 and 24	Document 148
149.	Email from Adrian Brown to John Laird - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation)	24/11/14 2.57pm	2	Email relates to Liquidators’ response to ASIC questions about appointment and AAF application. 1 attachment: 8 page response from HLB to ASIC re AAF application dated 24/11/14	Refuse	Release covering email	37(1)(a)	47E(d)	Category 13 (Document 149.1)
150.	Email from Adrian Brown to John Laird - Re: Fw: Bruck Textile Technologies Pty Ltd (In Liquidation)	7/8/14 5.48pm	3 pages 5 emails in chain	Emails discuss Liquidators’ approach to investigations of alleged misconduct, ASIC’s approach to AAF application, and refer to contents of legal advice from Ashurst. Ashurst’s legal advice was deleted from email chain when forwarding.	Refuse	37(1)(a) 42	47E(d)	The legal advice that was deleted from the email chain is Document 111.3, 250.38, 251.3, and 252.26.	Category 27 (Document 50)
151.	Email from Vicki Jacklin to Adrian Brown - Bruck Textile Technologies Pty Ltd (in Liq) - Funding Agmt	4/12/14 1.31pm	1	Cover email provides copy and link to attachment. Attachment is AAF Agreement. See decision at 26.1	Refuse	Part release: Email released & attachment denied	37(1)(a) 42	47E(d)	Attachment duplicates 26.1, 27.1, 65.1 and 138.1	Category 1 (Document 151.1) Category 29 (Document 151.1)
152.	Email from Adrian Brown to John Laird and Mirna Kairouz - Bruck Textile Technologies	12/12/14 1.21pm	1	Discusses briefing to Government and next steps and expectations for Liquidators’ report.	Refuse	47E(d)	Relates to Document 128, 129, 134
153.	Email from Adrian Brown to John Laird - Re: Fw: Bruck Textile Technologies [HLBNSW-Clients.FID1745054]	6/08/14 8.24am	2 pages 3 emails	Discussions re internal strategy about addressing alleged misconduct by directors. Refers to attachment that was deleted from the email chain at the time. Deleted attachment is Document 96.1.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17 (Document  240, 241)
154.	Email from Adrian Brown to John Laird - Re: Bruck Textile	3/12/14 12.52pm	3 emails 1 page	Refers to nature of amendments made to AAF Agreement and alleged director misconduct	Refuse	37(1)(a)	47E(d)	Relates to Category 1 and 12
155.	Email from John Laird to Carl Sibilia - Fw: Bruck Textile	2/12/14 3.33pm	3 emails 1 page	Includes email from email chain in Document 154. Refers to AAF Agreement and alleged director misconduct.	Refuse	37(1)(a)	47E(d)	Relates to Category 1 and 12
156.	Email from Vicki Jacklin to Adrian Brown - Bruck Textiles - Funding agmt	24/02/15 1.54pm	1	Attachment is AAF Agreement. See decision at 24.1	Refuse	Part release: Email released & attachment denied	37(1)(a) 42 -attachment	47E(d)	Attachment duplicates 24.1	Category 1 and 29 (Document 156.1)
157.	Email from Adrian Brown to John Price - Bruck Textiles -	29/09/14 5.02pm	1	Attachment is draft letter to the Minister Abetz discussing alleged misconduct by directors	Refuse	Release covering email. Maintain exemption on attachment.	37(1)(a)	47E(d)	Relates to Category 24
158.	Email from Adrian Brown to Taline Chater, Carl Sibilia and John Laird - Fw: Bruck Textiles AAF application	7/11/14 2.06pm	9 emails 4 pages	Emails discuss ASIC response to AAF Application, scope of Liquidators’ investigations, Liquidators’ independence (and disclosure in DIRRI), role of BRI Ferrier report to Bruck directors in Bruck sale of business. 5 Attachments: including a BRI Ferrier report to Bruck directors (21 pages) and the 4 annexures to that report. Annexure A: 5 pages; Annexure B: 1 page; Annexure C: 3 pages ; Annexure D: 2 pages.	Refuse	Partial Release. Release Attachments.  Maintain exemption on email. See decision for 45.1-45.5.	37(1)(a)	47C, 47E(d)	158.1-158.5 duplicates 45.1-45.5 and 142.1-142.5	Relates to Category 17, 30 ad 31
159.	Email from John Laird to Will Schouten, Taline Chater, Carl Sibilia - Fw: Bruck Textiles AAF application	31/10/14 4.57pm	9 emails 4 pages	Emails discuss phases of investigation and scope of AAF Agreement. Attachment: draft AAF Agreement. See decision for 26.1	Refuse	37(1)(a)	47E(d)	159.1 is a draft version of the AAF Agreement. The final version of the agreement is duplicated at 26.1, 27.1, 65.1, and 138.1.	Relates to Category 1, 17, 23 and 33
160.	Email from Adrian Brown to Katie Stansen - Fw: Bruck Textiles AAF application	30/10/14 5.16pm	9 emails 4 pages	Includes part of email chain at Document 159. Emails discuss phases of investigation and scope of AAF Agreement. Attachment: draft AAF Agreement. See decision for 26.1.	Refuse	37(1)(a), 37(2)(b)	47E(d)	See email chain at 45 and 159	Category 1 (Document 160.1) Relates to Category 1, 17, 23 and 33
161.	Email from Adrian Brown to John Laird - RE: Bruck Textiles AAF application	27/10/14 4.39pm	9 emails 4 pages	Internal discussions re finalising scope of AAF Agreement. Includes part of email chain at Documents 159 and 160.	Refuse	37(1)(a)	47E(d)	See email chain at 45, 159 and 160	Relates to Category 17, 23 and 33
162.	Email from Adrian Brown to John Laird - Re: Bruck Textiles AAF application	24/10/14 1.26pm	7 emails 3 pages	Internal discussions re finalising scope of AAF Agreement. Includes part of email chain at Documents 159, 160, 161.	Refuse	37(1)(a)	47E(d)	See email chain at 45, 159, 160 and 161	Relates to Category 17, 23 and 33
163.	Email from Adrian Brown to Katie Stansen - Fw: Bruck Textiles AAF application	17/10/14 4.47pm	2 emails 2 pages	Email includes views on ASIC’s approach to AAF Application, Liquidators’ approach to investigation, and misconduct allegations against directors. 4 attachments: 1. IP team surveillance report/consideration of AAF application (12 pages); 2. Spreadsheet with internal AAF application ranking guide; 3. Liquidators’ AAF Application (24 pages); 4. M&BR team assessment of AAF application, including ASIC case selection criteria for director misconduct allegations (8 pages)	Refuse	37(1)(a)	47C, 47E(d)	See email chain at 45, 159, 160, 161 and 162 Attachment 1 duplicates 49.1 and 71.1. Attachment 2 duplicates 49.2 , 165.2, 248.2 249.2, 250.22 Attachment 4 duplicates 49.4, 71.2, 165.4, 250.24	Category 4 (Document 163.1) Category 5 (Document 163.2) Category 6 (Document 163.4) Category 29 (Document 163.3) Email relates to Category 17, 23 and 33
164.	Email from John Laird to Carl Sibilia and Adrian Saggers  - Re: Bruck Textiles AAF application	15/10/14 10.59am	3	Consideration of internal strategy on AA Funding.	Refuse	37(1)(a)	47C, 47E(d)	Relates to Category 17 and 23
165.	Email from John Laird to Adrian Saggers and Carl Sibilia - Re: Bruck Textiles AAF application	10/10/14 9.56am	1	Email notes possible next steps in investigation 4 attachments: 1. 12 page ASIC File Note dated 17/10/14 (surveillance report) 2. IP AAF application guide (spreadsheet) 3. AAF request from the Liquidator (24 pages) dated 10/9/14. 4. 8 page M&BR team assessment of AAF application, including ASIC case selection criteria for director misconduct allegations dated 16/9/14.	Refuse	37(1)(a)	47C, 47E(d)	Attachment 1 duplicates 49.1, 71.1, 104.2, 163.1, Attachment 2 duplicates 49.2, 163.2, 250.22	Category 4 (Document 165.1) Category 5 (Document 165.2) Category 6 (Document 165.4) Category 29 (Document 165.3) Email relates to Category 23
166.	Email from John Laird to Adrian Brown -  Re: Bruck Textiles AAF report	26/03/15 5.16pm	1	Internal discussion re public examination	Refuse	37(1)(a)	47E(d)	Relates to Category 17 and 23
167.	Email from Adrian Brown to John Price and Mirna Kairouz - Bruck Textiles	27/03/15 9.55am	1	Liquidators’ report is attached.	Refuse	Part release: Email released & attachment denied	37(1)(a),	47E(d)	167.1 duplicates  71.3 and 104.3	Category 10 (Document 167.1)
168.	Email from Adrian Brown to John Laird - Re: Bruck Textiles	10/03/15 4.53pm	2	Discussions re PE funding request	Refuse	37(1)(a),	47E(d)	Relates to Category 17 and 23
169.	Email from John Laird to Adrian Brown - Re: Bruck Textiles	30/09/14 8.55am	2	Emails refer to offences alleged in Liquidators’ report and attaches copies of draft letter to then Minister Abetz. 6 attachments: 1.2 page draft letter to then Minister Abetz with track changes dated 30/9/14. 2. 2 page draft letter to then Minister Abetz with track changes dated 30/9/14 (note: track changes are different to attachment 1 above) 3. 3 page briefing dated September 2014 with track changes 4. 2 page draft letter to then Minister Abetz dated 29/9/14. 5. 2 page draft letter to Senator Abetz with track changes dated 26/9/14 6. 3 page briefing dated September 2014	Refuse	37(1)(a),	47E(d)	Relates to Category 17 and 23	Document 169
170.	Email from Adrian Brown to John Laird - Re: Fw: Bruck Textiles	26/09/14 5.54pm	1	1 attachment is 1 page draft statement re Bruck, with track changes	Refuse	Release cover email. Maintain exemption on attachment.	47C, 47E(d)	Relates to Category 25
171.	Email from John Laird to Adrian Brown - Bruck Textiles	25/09/14 7.31pm	1	Outline of steps taken internally to date	Refuse	Release redacted	37(1)(a),	47E(d)	Relates to Category 17
172.	Email from Adrian Brown to John Laird - Re: Fw: Bruck Textiles	21/07/14 3.13pm	2	Details of discussions with Liquidators. 1 attachment: Unsigned draft version of ASIC letter to Liquidators dated 21/7/14	Refuse	Release 172.1.	37(1)(a),	47E(d)	Relates to Category 17
173.	Email from John Laird to Adrian Brown - Bruck Textiles	18/07/14 5.02pm	1	1 attachment: 1 page draft unsigned letter to Liquidators, to be tabled at creditors’ meeting dated 21/7/14.	Exempt	Part release: Email released & attachment denied	Full release of 173.1. Draft is same as final version, released as 130.1 and 244.2.	37(1)(a)	47E(d)	Relates to Category 17
174.	Email from Adrian Brown to John Laird - Re: Fw: Bruck update	11/02/15 9.09am	8	Email chain discusses the update that the Liquidators have provided and sets out internal views regarding the Liquidators’ investigation	Refuse	37(1)(a),	47C, 47E(d)	Relates to Category 13, 17 and 23
175.	Email from Adrian Brown to John Laird - Re: Bruck update	2/02/15 9.39am	3	Email chain discusses the update that the Liquidators have provided and sets out internal views regarding the Liquidators’ investigation	Refuse	37(1)(a),	47C, 47E(d)	Relates to Category 13, 17 and 23
176.	Email from Adrian Brown to John Laird - Re: Fw: Bruck update	14/10/14 9.28am	3	Discussion of amendments to AAF Agreement and input to questions from DoE	Refuse	37(1)(a),	47C, 47E(d)	Relates to Category 17 and 23
177.	Email from Adrian Brown to John Prise - Bruck	3/12/14 4.42pm	1	Email notes the Liquidators have signed the AAF Agreement	Release
178.	Email from John Laird to Taline Chater and Will Schouten - Fw: Bruck	2/12/14 9.01am	3	Emails discuss amendments to the AAF agreement and scope of project tasks. 1 attachment: Draft AAF Agreement with track changes.	Refuse	37(1)(a),	47C, 47E(d)	178.1 duplicates 26.1, 27.1, 65.1, 138.1, 159.1 and 160.1	Relates to Category 23 and 33
179.	Email from Odette McKee-Holt to Adrian Brown - Hi AB, John Laird is speaking to the Media Unit re Bruck message. You will receive something from Media Unit for Approval. Odie EOM	26/03/15 4.17pm	1	Entire content of email is in subject heading	Release
180.	Email from Odette McKee-Holt to John Laird - Hi John, FYI - Saved email and letter into the Bruck ECM folder. Link below. Odie out EOM	12/03/15 12.13pm	1	Entire content of email is in subject heading – link to ECM but no attachment.	Release
181.	Email from Odette McKee-Holt to Adrian Brown - Hi AB, John Laird called to discuss email on Bruck x22127. Odie EOM	11/03/15 4.08pm	1	Entire content of email in subject	Release
182.	Email from John Price to Adrian Brown	4/12/14 1.05pm	1	Entire content of email in subject	Release
183.	Email from Adrian Brown to Katie Stansen - FW:	28/11/14 12.12pm	3	Arrangements for meeting with then Minister Abetz Later document to 128	Refuse	Full Release	47E(d)	Document 183
184.	Email from Adrian Brown to John Laird - Bruck	27/11/14 1.22pm	1	Discusses next steps re AAF Agreement and scope of Liquidators’ investigations	Refuse	Full Release	37(1)(a),	47E(d)	Relates to Category 17 and 23
185.	Email from John Laird to Adrian Brown and Taline Chater - Re: Fw: Bruck	26/11/14 5.54pm	4	Discusses finalisation of AA funding application	Refuse	Full release	37(1)(a),	47E(d)
186.	Email from John Price to Adrian Brown - RE: Bruck	26/11/14 4.50pm	2	Discusses finalisation of AA funding application	Refuse	Full release: not relevant material edited	37(1)(a),	47E(d)
187.	Email from Taline Chater to Adrian Brown and Carl Sibilia - Re: Brucks Textiles	12/11/14 4.46pm	3	Email chain discusses revisions to letter to Liquidators 2 attachments: 1.2 page Draft letter to Liquidators dated 12/11/14 2. AAF request from the Liquidator (24 pages) dated 10/9/14.	Refuse	Release email. Maintain exemption on attachments. (Partial Release)	37(1)(a),	47E(d)	Liquidators report duplicated at 49.3 and 163.3	Category 3 (Document 187.2) Category 12 (Document 187.1) Categroy 29 (Document 187.2) Email relates to Category 23
188.	Email from Taline Chater to Carl Sibilia - Re: BRUCKS Textiles	12/11/14 2.56pm	3	Email chain discusses revisions to letter to Liquidators and nature of Liquidators’ investigations.	Refuse	Release redacted	37(1)(a),	47C, 47E(d)	Relates to Category 13
189.	Email from Taline Chater to Andrew Needham, Barry Taylor and Carl Sibilia - Bruck Textile Technologies Pty Ltd (in liquidation)	7/11/14 4.37pm	1	1 attachment: 2 page ASIC letter to the Liquidators dated 7/11/14	Refuse	Release email. Maintain exemption on attachment. (Partial Release)	37(1)(a),	47E(d)	Attachment is a duplicate of Doc 9. See also 43.1, 127.1 and 189.1.	Relates to Category 30
190.	Email from Taline Chater to Carl Sibilia	7/11/14 2.53pm	1	Attachment is letter to Liquidators	Refuse	Part release: Email released & attachment denied	37(1)(a),	47E(d)	Attachment duplicates 43.1, 127.1 and 189.1.	Relates to Category 30
191.	Email from Taline Chater to Carl Sibilia and Adrian Brown - Brux Textiles - Funding Agreement - 20141014	7/11/14 10.16am	1	1 attachment: draft AAF Agreement	Refuse	Part release: Email released & attachment denied	37(1)(a),	47E(d), 47G	191.1 duplicates 26.1, 27.1, 65.1, 138.1, 159.1, 160.1 and 178.1	Category 33 (Document 191.1)
192.	Email from John Laird to Adrian Brown, Carl Sibilia and Taline Chater - Fw: Funding Agreement - 20141014 (A4305234)	4/11/14 1.03pm	1	Discussions re content of AAF Agreement. 1 attachment: 26 page draft AAF Agreement with track changes	Refuse	Full release of email. Maintain exemption on attachment. (Partial release)	37(1)(a),	47E(d)	192.1 duplicates 26.1, 27.1, 65.1, 138.1, 159.1, 160.1, 178.1 and 191.1	Category 33 (Document 192.1) Email relates to Category 23
193.	Email from John Laird to Adrian Brown - Bruck	22/10/14 5.28pm	1	Email refers to BRI restructure advice and New Bounty Pty Limited 3 attachments: 1.42 page Report to Creditors under s439A for New Bounty Pty Limited dated 2/5/14 2 and 3: Annexures to attachment 1	Exempt	Release attachments as publicly available. Maintain exemption on email.	Available for purchase from ASIC’s website	Relates to Category 13 and 17
194.	Email from Adrian Brown to John Laird - Bruck	30/09/14 6.05pm	1	Internal liaison re Liquidator’s investigation	Release	Full release
195.	Email from Adrian Brown to John Laird - Re: Fw: DUE 12pm Thurs 7 Aug :Bruck Textiles Ministerial	5/08/14 2.55pm	1	Email discusses request from DoE and proposed response	Refuse	37(1)(a),	47E(d)	196	Relates to Category 17
196.	Email from Adrian Brown to John Laird - Fw: DUE 12pm Thurs 7 Aug :Bruck Textiles Ministerial	4/08/14 2.38pm	2	Email concerns drafting a response to DoE	Refuse	37(1)(a),	47E(d)	195	Relates to Category 17
197.	Email from John Laird to Adrian Brown - Re: Fw: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	17/07/14 12.01pm	4	Liaison with DoE, internal discussion about BRI Ferrier advice and inquiries re New Bounty Pty Limited	Refuse	37(1)(a),	47E(d)	Relates to Category 17
198.	Email from Warren Day to Adrian Brown - Re: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	16/07/14 4.08pm	3	Liaison with DoE and explanation of ASIC inquiries	Refuse	37(1)(a),	47E(d)	Relates to Category 17
199.	Email from Adrian Brown to John Price, Robert Rush, Warren Day, Brett Bassett and John Laird - Fw: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	14/07/14 12.30pm	3	Liaison with DoE 2 attachments: 1.Media article 2. 1 page undated Table with company information about Bruck and associated companies	Refuse	Full release of 199.1	37(1)(a),	47E(d)	Relates to Category 17
200.	Email from Adrian Brown to John Laird - Fw: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	14/07/14 12.15pm	2	Part of email chain is same as 199. Forwarding email from DoE and request for certain inquiries to be made 2 attachments: 1.Media article 2. 1 page undated Table with company information about Bruck and associated companies	Refuse	Release 200.1, as per decision on 199.1	37(1)(a),	47E(d)	Attachments are  duplicates of 199.1 and 199.2	Relates to Category 17
201.	Email from Janani Kotapati to John Laird – Link Message	23/04/15 10.02am	1	No content, just a link to ASIC database	Release
202.	Email from John Laird to Janani Kotapati and Vicki Jacklin - RE: Bruck Textile Technologies Pty Ltd (In Liquidation)	22/04/15 9.43am	3	Emails re variations to AAF Agreement.	Refuse	Full release	37(1)(a),	47E(d)
203.	Email from Janani Kotapati to John Laird - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation)	20/04/15 4.33pm	2	Emails re variations to AAF Agreement.	Refuse	Full release	37(1)(a),	47E(d)
204.	Email from John Laird to Janani Kotapati - Bruck	17/04/15 12.10pm	1	1 attachment:  5 page ASIC letter dated 17/4/15 with  proposed amendments to AAF Agreement.	Refuse	Part release: Email released & attachment denied	37(1)(a),	47E(d)	Category 19 (Document 204.1)
205.	Email from John Laird to Patricia Hu and Janani Kotapati - Fw: Bruck Textiles AAF application to conduct PE	17/04/15 10.38am	3	Email chain about PE, funding amount and level of approval needed for funding request 1 attachment: 5 page draft ASIC letter with  proposed amendments to AAF Agreement dated 20/4/15.	Refuse	37(1)(a),	47E(d)	Category 19 (Document 205.1) Relates to Category 12
206.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation)	16/04/15 1.00pm	2	Email about invoice attached. 1 attachment: 5 page invoice from Liquidators dated 31/3/15	Refuse	Release cover email. Maintain exemption on attachment.	47E(d)	Relates to Category 2, 15 and 17
207.	Email from Patricia Hu to John Laird and Janani Kotapati - Re: Fw: bruck	16/04/15 10.10am	2	Email chain includes breakdown of legal costs. 1 attachment: 5 page draft ASIC letter with  proposed amendments to AAF Agreement dated 20/4/15.	Refuse	37(1)(a),	47E(d)	207.1 is duplicated by 208.1, 209.1	Category 19 (Document 207.1) Relates to Category 12
208.	Email from Janani Kotapati to John Laird - Re: bruck	15/04/15 4.02pm	2	Email chain includes breakdown of legal costs (part of email chain at 207). 1 attachment: 5 page draft ASIC letter with  proposed amendments to AAF Agreement dated 20/4/15.	Refuse	37(1)(a),	47E(d)	208.1 is duplicated by 207.1 and 209.1	Category 19 (Document 208) Relates to Category 12
209.	Email from Patricia Hu to John Laird and Janani Kotapati - Re: Fw: Bruck Textiles AAF application to conduct PE	14/04/15 3.25pm	3	Email chain includes breakdown of legal costs and references to variations to AAF agreement to conduct PE. 2 attachments: 1.5 page draft ASIC letter with  proposed amendments to AAF Agreement dated 20/4/15. 2. 5 page internal memo recommending approval of funding dated 10/4/15 with comments highlighted.	Refuse	37(1)(a),	47E(d)	209.1 is duplicated by 207.1 and 208.1	Category 7 (Document 209.2) Category 19 (Document 209.1) Relates to Category 12
210.	Email from Patricia Hu to Janani Kotapati and John Laird - Re: Bruck Textile Technologies Pty Ltd (In liquidation) - funding agreement	14/04/15 12.54pm	5	Emails discuss updates to drafts and project funding, project timeline, and PEs. 8 attachments: 1.3  page letter from Liquidators to ASIC dated 10/2/15. 2.Annexure A to Liquidators’ letter at attachment 1 above. 1 page document setting out sale of Bruck Textile Technologies sales and marketing business to Bruck Textiles. 3.13 page document: Henry Davis York response to undertake PE dated April 2015 4. 5 page draft ASIC letter with  proposed amendments to AAF Agreement dated 20/4/15. 5.2 page draft ASIC letter granting extension of time dated 10/2/15. 6.5 page letter from the liquidators to ASIC dated 19/1/15. 7.2 page signed variation to the AAF agreement dated 12/3/15. 8. 6 page letter from the Liquidators to ASIC dated 18/2/15	Refuse	Release 210.2 and 210.7, as per decision for Document 2.1.	37(1)(a),	47C, 47E(d)	210.1 duplicates of 231.1 and 252.15 Attachment 210.7 is 2.1 and 219. 210.2 duplicates 238.6 210.5 duplicates 210.7, 212.2, 212.4, 221.1, 222.1, 230.1	Relates to Category 12, 14, 19 and 23

211.	Email from Janani Kotapati to John Laird - Re: Fw: Bruck Textile Technologies Pty Ltd (In Liquidation)	10/04/15 2.53pm	2	Email chain about the HDY submission and updates to funding memo. 1 attachment: 5 page ASIC memo recommending approval of funding dated 10/4/15.	Refuse	Release cover email. Maintain exemption on attachment	37(1)(a),	47E(d)	Attachment is a duplicate of the attachment to Doc 209. See also 250.45.	Relates to Category 12,14, 19 and 23
212.	Email from Janani Kotapati to Patricia Hu - Re: Bruck Textile Technologies Pty Ltd (In liquidation) - funding agreement	8/04/15 3.56pm	2	Email chain discusses variation to funding agreement and PE. 5 attachments: 1.5 page draft ASIC letter to the Liquidators varying AAF agreement dated 20/4/15. 2.2 page draft ASIC letter to the Liquidators dated 10/2/15. 3. 5 page letter from the Liquidators dated 19/1/15. 4. 2 page signed variation to the AAF agreement dated 12/3/15. 5.6 page letter from Liquidators to ASIC dated 18/2/15.	Refuse	Release 212.4, as per decision for 2.1 (and duplicates)	37(1)(a),	47E(d)	212.3 duplicates236.1, 239, 239.1, 240, 241, 212.4 duplicates 2.1 and 210.7. 212.5 duplicates 210.8, 227.1, 229.1	Category 14 (Document 212.3) Category 15 (Document 212.5) Category 19 (Document 212.1) Relates to Category 12, 14 and 23
213.	Email from Janani Kotapati to Patricia Hu - Fw: Bruck AAF agreement	7/04/15 4.35pm	1	Internal email about funding agreement variations. 1 attachment: Link in email is to the activity for the funding agreement in an ASIC internal database. This is a 3 page print screen including Liquidator details and action officer comments about changes to funding agreement.	Refuse	Full release	47E(d)	Relates to Category 12, 14 and 23
214.	Email from Janani Kotapati to John Laird - Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	30/03/15 4.29pm	1	Email about electronic copies of funding memo and Liquidators report.  Email has 2 attachments. 1. 7 page draft ASIC internal memo seeking approval for additional funding under AAF Agreement. Dated 2/04/2015 2. Attachment is a link to a folder in ASIC’s then records management system, Objective. Not an actual document for the purposes of FOI request. The folder held the Liquidators’ 533(2) report, see Documents 73-78.	Refuse	Full release of email. Maintain exemption on 214.1.	37(1)(a),	47C, 47E(d)	Attachment relates to Category 7
215.	Email from John Laird to Sarah Scott and Janani Kotapati - Re: S533(2) report for Bruck Textile Technologies Pty Ltd (In Liquidation)	24/03/15 2.20pm	2	Email notes the report is attached. Attachment has been deleted.	Release
216.	Email from Janani Kotapati to John Laird - Fw: Bruck Textile Technologies Pty Limited (In Liquidation)	24/03/15 12.30pm	2	Email chain discusses registration of documents received from Liquidators and links to electronic activities. Email contains links to ASIC internal database for recording Liquidator reports – Complaints Management System (CMS). Links within email are not actual documents for FOI purposes.	Refuse	Release	37(1)(a),	47E(d)
217.	Email from Janani Kotapati to Sarah Scott and John Laird - Bruck Textile Technologies Pty Limited (In Liquidation)	20/03/15 9.33am	1	Earlier version of email chain at #216	Refuse	Release	37(1)(a),	47E(d)
218.	Email from Janani Kotapati to John Laird - Re: FW: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation) (B921095)	13/03/15 10.26am	4	Emails note we have received the signed AAF from Liquidators. No attachments or discussion of content.	Release
219.	Email from John Laird to Janani Kotapati - FW: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation) (B921095) (Treat as In Confidence)	13/03/15 8.07am	2	1 attachment: 2 page variation to the AAF agreement dated 12/3/15.	Refuse	Part release: Email released & attachment denied	Full release of 219.1. See Docum ent 2.1	37(1)(a),	47E(d)	Attachment duplicates 2.1, 210.7 and 212.4	Relates to Category 12 and 19
220.	Email from John Laird to Janani Kotapati - Fw: Hi John, FYI - Saved email and letter into the Bruck ECM folder. Link below. Odie out EOM	12/03/15 12.15pm	1	Link to letter to Liquidators.	Release
221.	Email from John Laird to Janani Kotapati - Fw: 20150312 - Letter to Messrs Andrew Needham & Barry Taylor - Bruck Textile Technologies Pty Ltd (In Liquidation)	12/03/15 12.06pm	1	1 attachment: 2 page ASIC letter to the Liquidators dated 12/3/15 requesting they sign to  vary the funding agreement.	Refuse	Part release: Email released & attachment denied	Full release.	37(1)(a),	47E(d)	Document 221.1 is the unsigned version of Document 2.1 (and its duplicates).	Relates to Category 12 and 19
222.	Email from Janani Kotapati - Re: Bruck Supplementary	12/03/15 10.14am	2	Email discusses giving extension of time to the Liquidators and reasons why they requested it. 1 attachment: 2 page draft unsigned ASIC Letter to the Liquidators granting extension of time dated 12/3/15.	Refuse	Full release	37(1)(a),	47E(d)	222.1 is the same text as the final signed version in Document 2.1 and 221.1 and their duplicates.	Relates to Category 12 and 19
223.	Email from Janani Kotapati to John Laird - RE: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	11/03/15 9.22am	3	Email chain discusses recommendation to approve funding and updates to the tasks schedule in the funding memo. 1 attachment: 7 page draft ASIC memo with track changes recommending approval of funding dated 2/4/15.	Refuse	37(1)(a),	47E(d)	223.1 duplicates 214.1	Category 7 (Document 223.1) Relates to Category 12,  19 and 23
224.	Email from John Laird to Janani Kotapati - RE: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	10/03/15 4.50pm	3	Email discusses content of PE funding memo. 1 attachment: AAF Agreement	Refuse	37(1)(a),	47C, 47E(d)	Attachment duplicates 151.1.	Category 1 (Document 224.1) Category 229 (Document 224.1) Email relates to Category 12,  19 and 23
225.	Email from John Laird to Janani Kotapati - RE: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	9/03/15 4.39pm	3	Email discusses funding for PE and updates to content of PE funding memo.	Refuse	37(1)(a),	47C, 47E(d)	See email chain at 223, 224 and 226	Email relates to Category 12,  19 and 23
226.	Email from Janani Kotapati to John Laird - Re: Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	9/03/15 4.20pm	1	1 attachment: 7 page draft version of ASIC memo with track changes recommending approval for funding dated 2/4/15.	Refuse	37(1)(a),	47E(d)	See email chain at 223, 224 and 225 Attachment duplicates 214.1 and 223.1	Category 7 (Document 226.1) Email relates to Category 12,  19 and 23
227.	Email from John Laird to Janani Kotapati and Stavros Tsakalos - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) PE submission	3/03/15 4.36pm	1	Email chain sets out internal views about further information ASIC needs and why. 3 attachments: 1.6 page letter from the Liquidators to ASIC dated 18/2/15. Attachments 2 and 3 are annexures to the letter at attachment 1. 2. 1 page table: Summary of Public Examination Costs Submissions 3. 6 page document comprising material sourced from Liquidators’ investigations.	Refuse	Release 227.3	37(1)(a),	47C,  47E(d)	Document 227.1-3 duplicates 229.1-3	Category 15 (Document 227.1) Relates to Category 12,  19 and 23
228.	Email from John Laird to Janani Kotapati - Re: Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	2/03/15 12.10pm	3	Contains details about engaging counsel on an unrelated matter.	Refuse	Full release. Irrelevant material redacted under section 22 of FOI Act	47E(d)
229.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	19/02/15 9.47am	2	3 attachments: 1.6 page letter from the Liquidators to ASIC dated 18/2/15. Attachments 2 and 3 are annexures to the letter at attachment 1. 2. 1 page table: Summary of Public Examination Costs Submissions 3. 6 page document comprising material sourced from Liquidators’ investigations.	Refuse	Full release of email. Maintain exemption on attachments	37(1)(a),	47E(d)	Same attachments as 227.1-227.3 229.1 also duplicates 212.5	Category 15 (Document 229.1)
230.	Email from John Laird to Patrick O'Connor, Andrew Needham, Barry Taylor and Janani Kotapati - RE: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	10/02/15 4.53pm	9	Email chain includes correspondence with Liquidators re extension of time and amendments to AAF Agreement. 1 attachment: 2 page ASIC letter about extension of time dated 10/2/15 and Liquidators’ investigations	Refuse	37(1)(a),	47E(d)	Relates to Category 12,  15, 19 and 23
231.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988	10/02/15 3.49pm	9	Correspondence from Liquidators regarding their investigation and extension of time 2 attachments: 1.3 page letter to ASIC from the Liquidators dated 10/2/15. 2. Annexure A to Liquidators’ letter at attachment 1 above. 1 page document setting out sale of Bruck Textile Technologies sales and marketing business to Bruck Textiles.	Refuse	Release 231.2	37(1)(a),	47E(d)	Attachments are duplicates of 210.1 and 210.2. See also 252.14 and 252.15	Relates to Category 12,  15, 19 and 23
232.	Email from John Laird to Janani Kotapati - Re: Bruck Textile Technologies Pty Ltd - letter for a time extension	10/02/15 12.05pm	2	Notes a letter has been drafted re extension of time. No attachment.	Release
233.	Email from Janani Kotapati to John Laird - Bruck Textile Technologies Pty Ltd - letter for a time extension	10/02/15 11.37am	1	Notes a letter has been drafted re extension of time. Contains link to Obj.	Release
234.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (in liquidation) [HLBNSW-Clients.FID1745047]	9/02/15 4.53pm	3	Email chain about preliminary review of the systems to record findings from Liquidators’ investigations. 1 attachment: 6 page memo from Liquidators about systems to record findings from their investigations dated 17/12/14.	Refuse	37(1)(a),	47E(d)	Attachment duplicates 20.2. See also  21.1 and 252.2	Relates to Category   15, 19 and 23
235.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) [HLBNSW-Clients.FID1745047]	9/02/15 4.51pm	2	Email chain requests Liquidators’ Report to Creditors be saved in ASIC database. 1 attachment:  Report to Creditors dated 23/12/14	Exempt	Full release of email and attachment, despite attachment being exempt as it is publicly available.	Available for purchase on ASIC’s website
236.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988 [HLBNSW-Clients.FID1754099]	9/02/15 4.49pm	2	Forwarding email from the Liquidators.  3 attachments: 1.5 page letter from the Liquidators dated 19/1/15. Attachments 2 and 3 are annexures to the letter at 1 above. 2. Annexure A: 4 page Ferrier Hodgson engagement letter dated 9/12/14. 3.  Annexure B:11 pages of GE Capital Correspondence includes: - 1 page GE Capital Letter to the Liquidators dated 2/10/14 - 1 page HLB Mann Judd handwritten file note dated 1/10/14 -2 page letter from Liquidators to GE Capital dated 30/9/14 -1 page GE Capital Letter to the Liquidators dated 19/9/14 -2 page letter from liquidators to GE Capital dated 16/9/14 - 1 page HLB Mann Judd handwritten file note dated 15/9/14 - 1 page letter from Liquidators to GE Capital dated 9/9/14 -2 page letter from Liquidators to GE Capital dated 2/9/14	Refuse	37(1)(a),	47E(d)	Category 14 (Document 236.1) Relates to Category 15
237.	Internal referral document	18/09/2014	1	Referral for decision on AAF application: M&BR internal database document	Refuse	37(1)(a),	47E(d)	Relates to Category 6
238.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988 [HLBNSW-Clients.FID1754099]	9/02/15 4.48pm	4	2 email chains from John Laird at 4.48pm for #238. Email chain 1 is 4 pages. Email chain 2 is 7 pages. The email chains have an update from Liquidators. Email chain 1: 3 attachments. 1.2 page letter from the Liquidators to ASIC dated 27/1/15. 2.1 page letter from the Liquidators to Castrisos dated 27/1/15 attaching notice of appointment as liquidators. 3.2 page letter from Allion Legal to the Liquidators dated 29/1/15. Email chain 2: 3 attachments. 4. 31 page document with Sisely Properties Pty Ltd Asset Register, Dickinson Consulting valuation report dated 5/6/14 5. 11 page document with Australian Weaving Mills invoice dated 14/6/13, 3 page letter from National Auctioneers & Valuers to Australian Weaving Mills dated 4/6/12, 7 page document of valuations by National Auctioneers & Valuers. 6. Annexure A to Liquidators’ letter at attachment 1 above. 1 page document setting out sale of Bruck Textile Technologies sales and marketing business to Bruck Textiles.	Refuse	Email chain 2 (Partial release, exempt material redacted) Release - Attachment 238.1 238.2 (partial) 238.3 238.4 238.5 238.6	37(1)(a),	47E(d)	238.5 is a duplicate of 242.3 and 252.13 238.6 duplicates 201.2	Relates to Category 14, 15 and 19
239.	Email from John Laird to Janani Kotapati - Fw: Bruck update	9/02/15 4.45pm	2	Internal views re update from Liquidators on status of investigation. 5 attachments: 1.5 page letter from the Liquidators to ASIC dated 19/1/15. 2.11 pages of GE Capital Correspondence includes: - 1 page GE Capital Letter to the Liquidators dated 2/10/14 - 1 page HLB Mann Judd handwritten file note dated 1/10/14 -2 page letter from Liquidators to GE Capital dated 30/9/14 -1 page GE Capital Letter to the Liquidators dated 19/9/14 -2 page letter from liquidators to GE Capital dated 16/9/14 - 1 page HLB Mann Judd handwritten file note dated 15/9/14 - 1 page letter from Liquidators to GE Capital dated 9/9/14 -2 page letter from Liquidators to GE Capital dated 2/9/14 3. 2 page letter from the Liquidators to Parker and Bart dated 15/1/15. 4.2 page letter from the Liquidators to Parker and Bart dated 27/1/15. 5.2 page letter from Allion Legal to Liquidators dated 29/1/15.	Refuse	Release 239.3-239.5, see decision for 238.3	37(1)(a),	47C, 47E(d)	239.1 duplicates 236.1. See also Doc 252.4 239.2 duplicates 236.3 239.4 duplicates 238.1 239.5 duplicates 238.3.	Relates to Category 14, 15, 17 and 19
240.	Email from John Laird to Janani Kotapati - Fw: Bruck update	9/02/15 4.43pm	7	Email chain has internal views about an update from the liquidators and discusses next steps	Refuse	37(1)(a),	47C, 47E(d)	Category 14 and 17 (Document 240)
241.	Email from John Laird to Janani Kotapati - Fw: Bruck update	9/02/15 4.40pm	3	Internal views re update from Liquidators on status of investigation and discusses next steps.	Refuse	37(1)(a),	47C, 47E(d)	Category 14 and 17 (Document 240)
242.	Email from John Laird to Janani Kotapati - Fw: Bruck Textile Technologies Pty Ltd (In Liquidation) ACN 074 170 988 [HLBNSW-Clients.FID1754099]	9/02/15 2.52pm	7	Emails from Liquidators, providing reasons for request for extension 3 attachments 1.31 page document with Sisely Properties Pty Ltd Asset Register, Dickinson Consulting valuation report dated 5/6/14 2. 1 page Sale of Bruck Textiles Technologies to Bruck Textiles 3. 11 page document with Australian Weaving Mills invoice dated 14/6/13, 3 page l etter from National Auctioneers & Valuers to Australian Weaving Mills dated 4/6/12, 7 page document of valuations by National Auctioneers & Valuers.	Refuse	Partial release email, see decision for 238. Release 242.1-242.3, as per decision for 238.4-238.6.	37(1)(a),	47E(d)	242 partially duplicates 238. 242.1 duplicates 238.4 242.2 duplicates 210.2, 231.2 and 252.14 242.3 duplicates 238.5 and 252.13	Relates to Category 14, 15 and 19
243.	Email from John Laird to Janani Kotapati - Bruck	9/02/15 2.49pm	1	Link to template for extension letter	Refuse	Full release	37(1)(a),	47E(d)
244.	Email from John Laird to Janani Kotapati – Bruck FOI	29/04/15 12.57pm	8	Email chain contains inquiries from journalists and internal drafts of the media message 2 attachments: 1.Media article 2.1 page ASIC Letter to liquidators dated 21/7/14 - requesting that the letter be tabled at creditors meeting.	Refuse	Full release	47E(d)	Email chain is duplicated at 54, 56, 58, 69, 122, 130 (released), 131. 244.1 is duplicated at 199.1 and 200.1. 244.2 is 130.1 (released).	Category 25 (Document 244) Email also relates to Category 17
245.	Email from John Laird to Janani Kotapati – Bruck FOI	29/04/15 12.56pm	14	Email chain contains inquiries from journalists and internal drafts of the media message re Bruck	Refuse	Full release	47E(d)	Email chain partially duplicates 54.	Email relates to Category 17
246.	Email from John Laird to Janani Kotapati – Bruck FOI	29/04/15 11.09am	14	Email chain relates to crafting of media message and liaison with DoE after they received a letter from an MP re Bruck 2 attachment: 1 page letter from an MP to then Minister Abetz dated 12/9/14 2. 2 page draft ASIC letter to then Minister Abetz dated 29/09/14.	Refuse	47E(d)	246.2 is draft earlier version of 132.2, 133.1, and 247.2	Email relates to Category 17 and 24
247.	Email from John Laird to Janani Kotapati – Bruck FOI	29/04/15 11.08am	10	Email chain relates to crafting of media message and liaison with DoE 1 attachment: 2 page ASIC letter to then Minister Abetz dated 1/10/14	Refuse	47E(d)	247.2 duplicates 132.2 and 133.1.	Email relates to Category 17 and 24
248.	Email from John Laird to Janani Kotapati – Bruck FOI	29/04/15 9.58am	5	Internal discussions re investigation, AAF Application and allegations of offences 4 attachments: 1.12 page ASIC file note dated 17/10/14 (surveillance report) 2.IP AAF Assessment Guide (spreadsheet) 3.24 page AAF request dated 10/9/14 4. 8 page M&BR assessment dated 16/9/14	Refuse	37(1)(a),	47C, 47E(d)	Attachment 1 duplicates 49.1, 71.1, 104.2,  Attachment 2 duplicates 49.2. 163.2, 165.2, 249.2 and 250.22	Category 3 (Document 248.3) Category 4 (Document 248.1) Category 5 (Document 248.2) Category 6 (Document 248.4) Category 29 (Document 248.3) Email relates to Category 17 and 23
249.	Email from John Laird to Janani Kotapati – Bruck FOI	29/04/15 9.46am	7	Internal discussions re AAF Application and investigation 5 attachments: 1.12 page ASIC file note dated 17/10/14 (surveillance report) 2.IP AAF Assessment Guide (spreadsheet) 3.24 page AAF request dated 10/9/14 4. 8 page M&BR assessment dated 16/9/14 5. 2 page ASIC letter to the Liquidators dated 12/11/14.	Refuse	37(1)(a),	47C, 47E(d)	Attachment 1 duplicates 49.1, 71.1, 104.2, 248.1. Attachment 2 duplicates 49.2, 163.2, 165.2 and 248.1, 250.22  Attachment 3 duplicates 165.3, 187.2 and 248.3 Attachment 4 duplicates 49.2 Attachment 5 duplicates 146.2	Category 3 (Document 249.3) Category 4 (Document 249.4) Category 5 (Document 249.2) Category 6 (Document 249.4) Category 12 (Document 249.5) Category 29 (Document 249.3) Email relates to Category 17 and 23
250.	Email from John Laird to Janani Kotapati – Bruck FOI	28/04/15 4.11pm	277	47 attachments Amalgam of documents that appear elsewhere in the schedule except for: 250 250.1 250.5 250.7 250.8 250.9 250.10 250.11 250.16 250.18 250.19 250.25 See list below: 1.   Media article - release 2.   Table of associated companies 3.   49 page Business Sale Agreement between Bruck Textile Technologies Pty Ltd and Australian Textile Mills Pty Ltd. 4.   Covering letter and Valuation report from Pickles 23/6/2014 (14 pages) 5.   18 page valuation of textile plant and equipment dated 29/5/2014 from National Auctioneers and Valuers (not a duplicate) 6.   3 page ASIC Briefing dated July 2014 7.   1 page handwritten notes – organisational chart (not a duplicate) 8.   Media article 9.   Media article 10.    Media article 11.    Summary of Parliamentary related activity 15/7/2014 12.    Media release – Senator Abetz – Release 13.    Cathy McGowan brief - release 14.    Media article – release 15.    Word copy of ASIC letter to Liquidators 21/7/2014 16.    2 page draft letter with track changes to Minister Eric Abetz 26/9/2014 17.    3 page ASIC briefing dated Sept 2014 18.    1 page draft media release 26/9/2014 with track changes 19.    1 page draft media release 29/9/2014 with track changes 20.    2 page ASIC Letter to Senator Abetz 1/10/2014 21.    12 page file note dated 17/10/14 (surveillance report) 22.    IP AAF Assessment Guide - spreadsheet 23.    24 page AAF Request Form EX03 dated 10/9/14 24.    35814/14 M&BR assessment 16/9/2014 25.    26 page draft Funding Agreement with track changes 26.    2 page undated document - Questions arising from review of AAF application 27.    BRI Ferrier Report - Bruck Textile Technologies Financial Review of Options 11/6/2014 28.    Annexure A to Financial Review of Options at 27 above. 29.    Annexure B to Financial Review of Options at 27 above. 30.    Annexure C to Financial Review of Options at 27 above. 31.    Annexure D to Financial Review of Options at 27 above. 32.    8 page letter from Liquidators to ASIC dated 24/11/2014 33.    3 page ASIC Briefing Feb 2015 34.    2 page draft word copy of ASIC letter to Liquidators varying AAF agreement dated 12/3/15 35.    7 page draft memo recommending approval of funding with track changes dated 2/4/2015 36.    7 page letter from Liquidators dated 1/4/2015 37.    Annexure A to Letter at 250.36 above. Summary of Public Examination Costs Submissions  38.    Ashurst Common Interest Privilege Advice 39.    Letter from Liquidators 11/3/2015 – Statement of Facts 40.    Section 533(2) report 41.    Annexure 1 to section 533(2) report (see 111.6 above) 42.    Annexure 2 to section 533(2) report (see 111.7 above) 43.    Annexure 3 to section 533(2) report (see 111.8 above) 44.    Annexure 4 to section 533(2) report (see 111.9 above) 45.    5 page ASIC memo recommending approval of funding dated 10/4/2015 46.    13 page Henry Davis York response to undertake public examinations dated April 2015 47.    5 page draft word copy of letter varying AAF agreement 20/4/2015	Refuse	Release 250.1 250.3 250.4 250.5 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250-27 to 250.31 inclusive 250.34 250.41 250.42 250.44 Maintain exemptions for duplicate exempt documents. Some attachments already released.	37(1)(a) 42 (Attachment 38)	47C, 47E(d)	250.2 is a duplicate of 98.2, 199.2, 200.2 250.3 is a duplicate of 251.2. 250.3 is similar to agreement marked 'F' in 111.6 250.4 is a duplicate of 251.5 250.6 is similar to 124.1 250.12 is a duplicate of attachment to 135 (released with original decision). 250.13 is a duplicate of attachment to 135 (released with original decision). 250.14 is a duplicate of attachment to 135 (released with original decision). 250.15 is a duplicate of 173.1 250.17 is similar to 169.6 250.20 is a duplicate of 133.1, 148.1 and 300.1 250.21 is a duplicate of 49.1, 71.1, 104.2, 163.1 250.22 is a duplicate of 49.2, 163.2, 165.2, 248.2 250.23 is a duplicate of 49.3, 62.2, 163.3, 165.3 250.24 is a duplicate of 49.4, 71.2, 163.4, 165.4 250.26 is a duplicate of 48.1 250.27 is a duplicate of 251.6 250.27-250.31 are duplicates of: 45.1-45.5, 158.1-158.5, also amongst bundle of documents in 111.6 250.32 is a duplicate of 20.3, 60.1, 149.1, 251.11 and 252.1 250.33 is a duplicate of 134.1 and 144.1 250.34 is a duplicate of  222.1 250.35 is a duplicate of 111.1, 223.1, 226.1 250.36 -37 is a duplicate of 111.2 250.38 is a duplicate of 111.3, 251.3, 252.26 250.39 is a duplicate of 71.4, 74.1, 104.4, 111.4 250.40-250.44 is a duplicate of 111.5-111.9 250.45 is a duplicate of 71.5, 104.1 250.46 is a duplicate of 210.3 250.47 is a duplicate of 205.1, 207.1, 208.1, 209.1, 210.4, 212.1	Category 1 (Document 250.25) Category 3 (Document 250.23) Category 4 (Document 250.21) Category 5 (Document 250.22) Category 10 (Document 250.40) Category 15 (Document 250.36) Category 29 (Document 250.38) Documents not for release relate to Category 12, 17, 24, 25
251.	Email from John Laird to Janani Kotapati – Bruck FOI	28/04/15 3.57pm	32	This is an amalgam of documents that appear elsewhere in the Schedule. Email chain contains internal views re AAF, AAF memo. 11 attachments: 1. ASIC briefing August 2014 2. 49 page Business Sale Agreement between Bruck Textile Technologies and Australian Textile Mills Pty Ltd 3. Ashurst Common Interest Privilege Advice 4. 18 page National Valuation of textile plant and equipment 29/5/2014 5. 15 page Valuation report from Pickles 23/6/2014 6 to 10 is the BRI Ferrier Report dated 11/6/2014and annexures to that Report. 11.8 page Letter from Liquidators 24/11/2014	Refuse	Release 251.2 251.4 and 251.5 251.6 to 251.10 inclusve Decision also aligns where duplicates appear in the schedule Eg. BRI Ferrier Report and attachments See decision for 45.1-45.5	37(1)(a) 42 (251.3)	47C, 47E(d)	251.2 is a duplicate of 250.3 251.3 is a duplicate of 111.3, 250.38 and 252.26 251.5 is a duplicate of 250.4 251.6 – 10 are duplicates  of 45.1-45.5, 158.1-158.5 and 250.27- 250.31. It is also amongst bundle of documents in 111.6 251.11 is a duplicate of 20.3, 60.1, 149.1, 250.32, 252.1
252.	Email from John Laird to Janani Kotapati – Bruck FOI	28/04/15 3.35pm	49	Updates from Liquidators Amalgam of documents which appear elsewhere in the Schedule. 27 attachments: 1.8 page Letter from liquidators 24/11/2014 2.6 page Memo from liquidators dated 17/12/2014 3.27 page Letter from liquidators to creditors dated 23/12/14 4.5 page Letter from liquidators dated 19/1/2015 5 to 8 are annexures A to D of the letter dated 19/1/2015 at 251.4 above. .4 page 9.2 page Letter from liquidators to Parker and Bart dated 27/1/2015 10.2 page Letter from liquidators to former Bruck director dated 27/1/2015 plus notice of appointment 11.2 page Letter from Allion Legal to the Liquidators 29/1/2015 12. Property valuation of Bruck Textiles site in Wangaratta 13.11 page document with Australian Weaving Mills invoice dated 14/6/13, 3 page letter from National Auctioneers & Valuers to Australian Weaving Mills dated 4/6/12, 7 page document of valuations by National Auctioneers & Valuers. 14. 1 page document setting out sale of Bruck Textile Technologies sales and marketing business to Bruck Textiles. 15.3 page letter from Liquidators to ASIC dated 10/2/2015 16. 1 page document setting out sale of Bruck Textile Technologies sales and marketing business to Bruck Textiles. Annexure A to 10/2/2015 letter at 15 above (same as attachment 14 above). 17. 2 page ASIC letter to Liquidators signed varying terms of AAF agreement dated 10/2/2015 18 – 20 is a 6 page Letter from Liquidators to ASIC dated 18/2/2015 and annexures A and B to that letter. 19 – annexure A - . 6 page document comprising material sourced from Liquidators’ investigations. 20 – Annexure B - Summary of Public Examination Costs Submissions 21.1 page Fair Work Commission Notice of Listing dated 14/7/14 22.4 page Application for the Fair Work Commission to deal with a dispute dated 14/7/14 23.2 page signed variation to the AAF agreement dated 12/3/15. 24 and 25. 7 page letter from the Liquidators to ASIC dated 1/4/15 and Annexure A to letter – summary of public examination costs submissions 26 Ashurst Common Interest Privilege Advice 27.5 page invoice from the liquidators to ASIC dated 31/3/15	Refuse 252.10 released in original decision. See page 85 of doc 75.	Decision aligns with duplicates elsewhere in the Schedule. Release 252.3 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.16 252.21 252.22 252.23	37(1)(a) 42 (252.26)	47E(d)	Attachment 1 is a duplicate of 20.3, 60.1, 149.1, 250.32, 251.11 Attachment 2 is a duplicate of 20.2, 21.1, 234.1. Attachment 4 is a duplicate of Doc 236.1 and 239.1 Attachment 5 is a duplicate of 236.2 Attachment 18 is a duplicate of  229. Attachment 24 is a duplicate of 250.36 Attachment 9 is a duplicate of 239.4 . Attachment 10 is amongst doc 75 (see page 85) Attachment 11 is a duplicate of 238.3 and 239.5 Attachment 13 is a duplicate of 242.3 and 238.5 Attachment 14 is a duplicate of 210.2, 231.2 and 252.16 Attachment 15 is a duplicate of 210.1 and 231.1 Attachment 16 is a duplicate of 210.2, 231.2 and 252.14 Attachments 18 to 20 are duplicates of 227.1-3 and 229.1-3 Attachment 20 is also a duplicate of  and 250.37 Attachment 23 is a duplicate of Attachment 210.7 is2.1 and 219. Attachment 24 and 25 are duplicates of 111.2 Attachment 26 is a duplicate of 111.3, 250.38 and 251.31 Attachment 27 is a duplicate of 206.1	Category 13 (Document 252.1) Category 29 (Document 252.26) Documents relate to Category 12, 17, 24, 25
253.	Email from Janani Kotapati to Janani Kotapati – Surveillance Report 19/09/14	25/05/15 3.54pm	1	Contains link to document. No attachment.	Release
254.	Email from Janani Kotapati to Janani Kotapati – Surveillance Report 1/10/14	25/05/15 3.59pm	1	Contains link to document. No attachment.	Release
255.	Email from Janani Kotapati to Janani Kotapati – Surveillance Report 2/03/15	25/05/15 3.59pm	1	Contains link to document. No attachment.	Release
256.	Email from Janani Kotapati to Janani Kotapati – Surveillance Report 17/04/15	25/05/15 3.59pm	1	Contains link to document. No attachment.	Release
257.	Email from Janani Kotapati to Janani Kotapati – Surveillance Report 17/04/15	25/05/15 4.00pm	1	Contains link to document. No attachment.	Release
258.	Email from Janani Kotapati to Janani Kotapati – record of conversation 24/09/14	25/05/15 4.04pm	1	Contains link to document. No attachment.	Release
259.	CMS record of activity 30588/14 – report by liquidator	5/8/2014	2	Internal database activity page	Refuse	37(1)(a),	47E(d)	Relates to Category 21 and 22
260.	ASIC email with RASS (Risk Assessment Scoring System) report	5/8/14	1	ASIC’s internal risk assessment tool for liquidator reports, containing ASIC’s ratings of risks and conclusions	Refuse	37(1)(a), 37(2)(b)	47E(d)	Category 29 (Document 260)
261.	RASS report	5/8/14	1	ASIC’s internal risk assessment tool for liquidator reports, containing ASIC’s ratings of risks and conclusions	Refuse	37(1)(a), 37(2)(b)	47E(d)	Category 29 (Document 261)
262.	ASIC email from Application Messenger to Kim Sloley, Laura Blinksi and Philip Laird about EX01 Lodgement	6/8/14	1	Internal email about processing of liquidator report	Refuse	37(1)(a),	47E(d)	Relates to Category 21 and 22
263.	File note of phone conversation between Phia Kang and Con Tsitouras.	13/8/14	1	Discussion about internal processing and assessment of liquidator report	Refuse	37(1)(a),	47E(d)	Relates to Category 17
264.	Acknowledgment letter (NB: screen capture of generated template)	6/08/14	1	Refuse	Full release	37(1)(a),	47E(d)	Relates to Category 21, 22 and 24
265.	Email from Admin Messenger to Phia Kang confirming assessment 30588/14 is approved.	18/8/14	1	Refuse	Full release	37(1)(a),	47E(d)
266.	Imported email containing scanned copy of ASIC letter to liquidators	18/8/14	1	1 attachment: 2 page ASIC letter to the Liquidators dated 18/8/14.	Refuse	Part release: Email released & attachment denied	Full release of 266.1	37(1)(a),	47E(d)	Attachment duplicates 267
267.	Letter from ASIC to Andrew Needham, HLB Mann Judd	18/8/14	2	Refuse	Full release	37(1)(a),	47E(d)	Duplicate of 266.1 above
268.	ASIC letter (NB: screen capture of generated template)	18/8/14	1	Refuse	Full release	37(1)(a),	47E(d)
269.	Word copy of ASIC letter to the Liquidators	18/8/14	2	Refuse	Full release	37(1)(a),	47E(d)	267
270.	Letter to ASIC from externals	28/06/14	2	Letter raises concern about alleged misconduct by the directors	Refuse	37(1)(a),	47E(d)	Relates to Category 24
271.	Telephone attendance file note	17/07/14	1	Notes a TA is not required for this matter	Release
272.	Internal progress document	21/08/14	1	Notes matter is progressing	Refuse	Full release	37(1)(a),	47E(d)
273.	Internal progress document	21/08/14	1	Notes matter is progressing	Refuse	Full release	37(1)(a),	47E(d)
274.	File note – discussion between C. Tsitouras and J. Kotsovolos	12/09/14	1	Discusses next steps in assessing allegations of director misconduct matter	Refuse	37(1)(a),	47C, 47E(d)	Relates to Category 17
275.	File note	05/08/14	1	Draft internal file note prepared to note relevant aspects of legal advice that Liquidators were to received. File note is not complete.	Refuse	37(1)(a) 42	47E(d)	Relates to Category 26 and 29
276.	File note	06/08/14	5	Internal summary of BRI Ferrier Report, referred to above at Document 45 and duplicates. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
277.	File note	22/08/14	2	Internal note on elements of potential offences. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
278.	File note	05/08/14	2	Internal views and notes about the business sale agreement. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
279.	File note	06/08/14	1	Internal summary of Liquidators’ report. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
280.	File note	21/08/14	6	Attaching media story in Lateline	Release
281.	File note	22/08/14	2	Summary of potentially relevant sections of Corporations Act. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
282.	File note	22/08/14	1	Results of Business Name Searches	Release
283.	File note	22/08/14	1	Results of Business Name Searches	Release
284.	File note	22/08/14	1	Media interest	Release
285.	File note	22/08/14	1	Staff summary of relevant legislation.  Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
286.	File note	25/08/14	1	Staff summary about valuation documents. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
287.	Note	25/08/14	1	Minutes from creditor’s meeting	Exempt	Release despite document being exempt as publicly available.	Available for purchase from ASIC’s website
288.	Note	25/08/14	2	Summary of documents supplied by Liquidators. Prepared for assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 17
289.	Assessment for activity 28022/14	16/09/14	17	Internal assessment document	Refuse	37(1)(a),	47C, 47E(d)	Category 21 (Document 289)
290.	File note	01/08/14	1	File note – acknowledgement letter to be sent to a third party. Prepared as part of assessment process.	Refuse	47E(d)	Relates to Category 17 and 24
291.	Letter from ASIC to third party	01/08/14	1	Unsigned word copy of letter to third party. Drafted as part of process to assess allegations of misconduct against directors.	Refuse	37(1)(a),	47E(d)	Relates to Category 24
292.	Assessment for activity 30037/14	06/08/14	5	M&BR assessment of alleged misconduct by directors.	Refuse	37(1)(a),	47C, 47E(d)	Category 22 (Document 292)
293.	ASIC Letter from Con Tsitouras to third party	19/09/14	1	ASIC response to third party about assessment of allegations of misconduct.	Refuse	47E(d)	Category 24 (Document 293)
294.	File note – Call to third party	19/09/14	1	Discussion between ASIC staff and a third party includes their contact details. Completed as part of the process of assessing allegations of director misconduct.	Refuse	47E(d)	Category 24 (Document 293) Relates to Category 17
295.	Email from Con Tsitouras to external party (cc to Terry Marks) with letter attached	19/09/14	1	1 attachment: 1 page ASIC letter to third party dated 19/9/14.	Refuse	47E(d)	Attachment duplicates 293.	Category 24 (Document 293)
296.	Email to third party	19/09/14	2	Part of email chain is at #295. Forwarding link to ASIC Information Sheet 188.	Refuse	47E(d)	Category 24 (Document 293)
297.	Letter from third party to ASIC	29/09/14	3	Response to ASIC letter at 293 and 295.1. Third page is copy of envelope.	Refuse	47E(d)	Category 24 (Document 293)
298.	Email to third party	15/10/14	1	Acknowledging letter at 297.	Refuse	47E(d)	Category 24 (Document 293)

Part 3 – All correspondence between ASIC and any other Federal Government bodies or ministerial offices

#	Description of document	Date	Pages	Notes	Decision	Further release on 8/3/16	Further release during hearing	Exemption	Conditional Exemption	Duplicate	Respondent Sample Set	Applicant Sample Set
299.	Email from Aaron Jenkinson of Treasury to Adrian Brown, John Price, John Laird and Robert Rush	1/10/14 11.57am	2	Reference to external correspondence.	Refuse	Release	47E(d)	Relates to Category 24
300.	Email from Adrian Brown to Sue Saunders and John Laird - Bruck Textile Technologies Pty Ltd (In Liquidation)	1/10/14 11.44am	1	Attaching correspondence.	Refuse	Release cover email. Maintain exemption on 300.1.	37(1)(a)	47E(d)	Duplicate of Doc 133 Attachment 1.  See also Doc 132.2, 148.1 and 250.2.	Relates to Category 24
301.	Email from Sue Saunders to Adrian Brown, John Laird, Nikki Armour, Wade O'Grady and Justine Bell - DUE 12pm Thurs 7 Aug :Bruck Textiles Ministerial	4/08/14 1.42pm	1	Correspondence re ministerial	Refuse	Full release	37(1)(a)	47E(d)
302.	Email from Adrian Brown to Sue Saunders, John Laird and Justin Bell - RE: Phoenixing Concern –Bruck Textile Technologies Pty Ltd	17/07/14 9.01am	3	Correspondence with external agency	Refuse	Full release	37(1)(a)	47E(d)
303.	Email from Adrian Brown to Sue Saunders, Justin Bell, Warren Day, Robert Rush and John Laird - Re: Bruck Media and QT Hansard	16/07/14 4.16pm	2	Correspondence with external agency	Refuse	Full release	37(1)(a)	47E(d)
304.	Email from John Laird to Sue Saunders, Adrian Brown, Bell,Justin, Armour,Nikki, O'grady,Wade - Re: DUE 12pm Thurs 7 Aug :Bruck Textiles Ministerial	5/08/14 5.00pm	2	Emails re Bruck ministerial	Refuse	Part release (part of email chain edited)	47E(d)
305.	Email from John Laird to Sue Saunders, Adrian Brown and Justin Bell - RE: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	21/07/14 3.39pm	3	Email from external agency 1 attachment: 1 page ASIC letter to the Liquidators dated 21/7/14 requesting letter is tabled at creditors meeting.	Refuse	Part release: Email released & attachment denied	Full release.	47E(d)	Attachment 1 duplicates 130.1 (released) and 244.2.
306.	Email from Adrian Brown to Sue Saunders, John Laird and Justin Bell - Re: Phoenixing Concern - Bruck Textile Technologies Pty Ltd	14/07/14 12.13pm	2	Email from external agency	Refuse	Full release	47E(d)