Bill Papas makes legal bid to suppress former lawyer Rocco Panetta’s evidence

Fugitive Greek-Australian businessman Bill Papas has sought to block Westpac’s access to documents provided by his former lawyer Rocco Panetta.

Greek-Australian businessman Bill Papas, who is the alleged mastermind behind a $500m fraud against Westpac, seen in his hideaway in Thessaloniki, Greece.

Forum figure Bill Papas has lobbed a bid in the Federal Court to block potentially sensitive details being revealed by his former lawyer.

Mr Papas moved to stop Westpac accessing the documents provided by his former lawyer Rocco Panetta, arguing they could risk breaching legal privilege.

Mr Panetta had acted for Mr Papas in the early days of Westpac’s case against him before withdrawing from the case.

Westpac argued it was inappropriate that Mr Papas, who remains in Greece despite assurances he would return, could appoint a legal representative to tackle the limited question of document access.

In all other questions of the case Mr Papas would remain legally unrepresented.

The fugitive Greek-Australian businessman is wanted after repeatedly flouting orders from the Federal Court, including worldwide asset bans breached after he allegedly transferred his cousin Eric Constantinidis $720,000.

Westpac targeted Mr Papas alleging he systematically rorted the bank in a fraud which saw it and two other lenders hand over $500m for office equipment that never existed.

Westpac’s representative Victoria Bridgen said on Wednesday that Mr Papas’ move was “not contemplated by the court’s rules”, noting it was also inappropriate given the businessman was wanted on a Federal Court warrant.

However, Mr Papas’ legal representative Peter O’Brien said the application to view the material was warranted, given it was “always on the cards that privileged material may be contained within it”.

“There is no reason at all why a fugitive shouldn‘t nonetheless be represented in relation to an issue of legal professional privilege,” he said.

Federal Court Justice Michael Lee said it was questionable whether it was “illicit or licit” that Mr O’Brien acted for Mr Papas only on the question of access to the documents.

“The second issue is a more fundamental issue that is going to the administration of justice given your client did appear he is not present,” Justice Lee said.

“There’s an outstanding charge of contempt that needs to be dealt with, there‘s a warrant for his arrest. There’s no satisfactory explanation I’ve been given as to why he hasn’t appeared in order to allow that matter to be dealt with.”

Justice Lee ordered Westpac and Mr Papas’ barrister go and hammer out written arguments as to the question of representation in relation to the access to Mr Panetta’s subpoenaed documents.

Westpac’s case comes after the bank revealed the fraud scheme, which allegedly saw Mr Papas funding a lavish lifestyle and sprawling business empire of waste digesting machines on the back of fake lease agreements.

Mr Papas fled to Greece, before the alleged scam could be publicly exposed where he has since remained.

He was joined late last year by his Australian partner Louise Agostino, who has since been named as a party to the case.

Westpac recently targeted Ms Agostino after she sought to sell her Rozelle apartment arguing she too had been a beneficiary of Mr Papas’ lease fraud scheme.