👋 G’day

Welcome back to another day of insights

Today’s brief:

  • Bench pushes back at Lehrmann’s submissions

  • Judge warned for frisky chambers incident

  • HC bars solicitor contingency orders

Here’s your latest 👇

PRACTICE POINTS

Discrimination test

  • A Federal Court claim by a blind passenger is set to test how far gig platforms can distance themselves from anti-discrimination law. Ms Hobley alleges Uber discriminated after drivers refused service 32 times because of her guide dog. Uber says it just runs the app, not the rides. Under the Disability Discrimination Act and Victoria’s EO Act, refusing service to someone with an assistance animal is unlawful, and Victoria’s positive duty requires platforms to proactively stamp out discrimination. With political and community pressure mounting, this case could shape how far gig economy players must take responsibility for their providers’ conduct: Moores

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  • Mandatory AML/CTF programs are about to hit a wider pool of businesses under the 2024 Amendment Act, with Tranche 1 entities (already regulated) needing updated policies by 31 March 2026, and Tranche 2 entities—including lawyers, accountants, conveyancers, real estate agents, and dealers in precious metals—facing a 1 July 2026 deadline. Obligations include tailored AML/CTF policies, senior management oversight, customer due diligence, transaction monitoring, and suspicious matter reporting: Russell Kennedy

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  • In Kain v R&B Investments, the High Court confirmed the Federal Court can make common fund orders (CFOs) for litigation funders at settlement or judgment, but not for plaintiff solicitors. A solicitor CFO, which ties payment to a percentage of recovery, would breach the contingency fee ban in the Legal Profession Uniform Law and isn’t “just” under the FCA Act, says Gageler CJ. Solicitors remain limited to costs and disbursements based on time, while funders — who aren’t law firms — can share in settlement proceeds via CFOs. The ruling cements litigation funders’ position in class actions but keeps solicitors firmly outside contingency-style arrangements: MinterEllison

WORD ON THE STREET

Courtroom scandal

  • A UK part-time judge has copped a formal warning for getting frisky in his judicial chambers—15 years ago. Paul Kirtley admitted to the one-off encounter with his then-partner, saying he was ashamed and sorry. But the Lady Chief Justice wasn’t amused, warning that turning courtrooms into bedrooms risks undermining public confidence in the judiciary: Legal Cheek

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  • Gadens is beefing up its M&A bench with Allens partner Franki Ganter, who joins in October after a decade at the top tier. She follows Lynda Reid and Danny Simmons, who moved from Mills Oakley in July with a four-person team. Her arrival takes Gadens’ partner count to 112: AFR

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  • Bruce Lehrmann’s appeal finished a day early, after the Full Federal Court rejected a last-ditch adjournment bid by his solicitor Zali Burrows. She argued Justice Lee’s ruling denied Lehrmann natural justice by deviating from the pleaded case, but the bench questioned what he’d have done differently. At one point, the Bench asked, “Is this a speech, or is this a submission?” Judgment is now reserved: Capital Brief, ABC

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  • A&O Shearman has posted £2.9bn (A$6bn) global revenue and £2m (A$4.2m) PEP in its first financials post-merger. Profit before tax hit £1.1bn (A$2.3bn), up on legacy A&O’s prior year: Legal Cheek

TALKING POINTS

Burger buying power

  • The McWages Index is out, and it turns out the humble Big Mac is the new yardstick for pay power. The typical American salary buys 13,601 burgers a year, well ahead of Switzerland. But on an hourly basis, Denmark takes the crown at 8.5 Big Macs per hour. Though gender gaps mean men can still afford more burgers than women: Economist

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  • The Albanese government has unveiled its biggest budget-repair play yet, pledging to cut the NDIS growth rate from 10% to 5–6%, warning the scheme would otherwise hit $105bn within a decade. Mark Butler will roll out a new “Thriving Kids” program in 2026, diverting children with mild autism and developmental delays off the NDIS. But critics say the scheme risks losing its social licence without reform: AFR

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  • Penny Wong has backed a 21-nation statement slamming Israel’s plan to expand West Bank settlements, branding it a violation of international law. The statement, co-signed by the UK, Canada, France and the EU, warns the move will only fuel violence and instability and urges Israel to scrap the controversial E1 project east of Jerusalem: Skynews

DEAL ROOM

BHP Anglo whispers

  • Anglo American: may be back on BHP’s radar, after its $5.8bn Queensland coal sale to Peabody collapsed into arbitration. Anglo shares are down 8% YTD, heightening chatter that BHP, which lobbed a $40.5bn tilt last year, could make another swipe. With copper growth top of mind, insiders say a renewed play could surface under new chair Ross McEwan’s watch: The Australian

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  • PointsBet: has seen MIXI lift its cash bid to $1.30 a share, but only if it snags 90% control — meaning rival Betr’s 19.6% stake would need to fold. MIXI, now holding 37.1%, calls this its “last and final” offer, expiring 29 Aug. Shareholders who’ve already accepted at $1.25 will get the bump if the higher price lands: Capital Brief

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  • Insignia: CEO Scott Hartley says he’s “very confident” the $3.3bn CC Capital take-private will clear regulatory review by Feb–Mar, paving the way for a shareholder vote. The board has unanimously backed the deal, struck after Bain and Brookfield bowed out of last year’s bidding war. Hartley expects to stay on as CEO with CC’s full support: Bloomberg

SECTOR SPECIFIC

Xero shareholder revolt

🚜 DIGGERS
  • Tianqi Lithium says WA’s $1bn Kwinana refinery has a “bright future”, even as partner IGO wrote off its $600m stake. Tianqi CEO Frank Ha ruled out shutting the plant, calling it key to the group’s global strategy. The stance bolsters Labor’s Future Made in Australia push, though the irony isn’t lost—it’s China keeping the dream alive: AFR

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  • Northern Star has posted a record $1.4bn profit on the back of surging gold prices and the addition of De Grey’s Hemi project. Revenue jumped 30% to $6.4bn, while shareholders pocketed 55c in dividends plus a $300m buyback—over $840m returned in total. Boss Stuart Tonkin says growth projects like the KCGM mill expansion will keep margins glittering: AustraliaMining

🏦 FIN
  • APRA says Aussie banks face rising cyberattack threats as geopolitical tensions escalate, pledging closer work with lenders in the year ahead. Chair John Lonsdale flagged “increasingly vulnerable” systems and named AI as a new risk on the radar. The warning follows NAB data showing two-thirds of Aussies have already been hit by a cyber breach: Reuters

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  • CommBank has inked a multi-year deal with OpenAI, giving staff access to ChatGPT Enterprise and co-developing tools for fraud detection and personalised banking. CEO Matt Comyn says it’s about upskilling staff and embedding AI “responsibly”. The move puts CBA alongside Morgan Stanley, Santander and BBVA in the global AI goldrush: Finextra

🏠 RETAIL & REAL ESTATE
  • Charter Hall is rolling out a $3.9bn housing pipeline, converting parts of its commercial land bank into apartments and mixed-use projects. Boss David Harrison says the pivot taps Australia’s housing shortage, with sites at 201 Elizabeth St Sydney, Westmead, and Brisbane’s Bowen Hills already approved: AFR

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  • Mirvac has promised to cover Hostplus and other unitholders’ advisory costs as they move to oust Lendlease from managing three prime property funds worth $10bn+. A vote on the $2bn industrial fund is set for mid-Sept, with UniSuper also backing the revolt. Lendlease, fresh off a $225m profit, is warning the funds have 11%+ growth outlooks under its watch: AFR

📱 TECH & STARTUPS
  • SafetyCulture is being sued by ex-executive Frank Costigan, who claims the $2.5bn software firm short-changed him on 170k vested shares after sacking him in 2024. Costigan, a former Youi CEO, says he was dumped after pushing for more US funding. The company, backed by Airtree, Blackbird and Hostplus, denies wrongdoing and will defend the case in the Federal Court: AFR

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  • Xero has suffered a 48.7% shareholder revolt over CEO Sukhinder Singh Cassidy’s $23.5m package and CFO Claire Bramley’s $14.3m sign-on bonus. Although almost 50% is pretty dire, the protest is symbolic at best since Xero is NZ-domiciled and not bound by the ASX two-strike rule: AFR

P.S.

Enjoy the weekend,

-Team PB

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