👋 G’day
Welcome back to another day of insights
Today’s brief:
Judge rebuked for “whoop-de-do” comments
Slaters might’ve copied Maurice’s FB ads
A look at Santos’ $36bn deal collapse
Here’s your latest 👇
WORD ON THE STREET
“Whoop-de-do”

Federal Court Judge Anna Bertone has been rebuked for making “inappropriate” comments during a parenting case, including “whoop-de-do” and “what happens at mother’s group stays at mother’s group.” Yikes. Judge Andrew Strum found she erred in law, denied procedural fairness, and remitted the matter for rehearing before another judge: Lawyers Weekly
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Slater + Gordon has suffered another tech bungle, accused of ripping off Maurice Blackburn’s Facebook ads and recycling them for its own TikTok promos. The clips even featured a Maurice lawyer before racking up nearly 100k views. Slaters blamed an external agency and said the ads were “published in error”: AFR
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Lander & Rogers has nabbed ex-Clayton Utz special counsel Daniela Gigliotti as partner in its tech and data team. With stints at Minters and Allens, she’s advised on complex tech transactions, telco, IP, privacy and cyber: Lawyers Weekly
PRACTICE POINTS
Remote work rights win
The FWC has ordered Metcash to grant an employee a full WFH exemption from its 3-day office rule, after she argued returning risked exposing her daughter to health risks. Commissioner Sloan found her request was valid under s 65A of the Fair Work Act, but Metcash’s refusal wasn’t. While Metcash pointed to collaboration and culture, it gave no evidence those outweighed the health risks. The Commission drew a contrast with Gration v Bendigo Bank, where refusal was upheld because the bank produced detailed evidence of why office attendance was needed and what benefits it delivered for staff and the business. Employers can’t just rely on policy or contract terms - they need documented, credible grounds to refuse flexible work requests: Gadens
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In New World Resources 02, the Takeovers Panel has confirmed that On-market purchases above a bid price aren’t automatically unlawful or “unacceptable”. The bidder launched a 5.3c offer, then at 11:13am bought 5% of shares at 5.5c in a special crossing, followed by smaller on-market buys at the same price. Legally, that upped the bid price to 5.5c, but no announcement was made until 6:03pm, when the target confirmed the change. A rival bidder argued the market was misled, but the Panel found the post-crossing trades covered just 0.058% of capital and caused no competitive advantage. It declined to declare “unacceptable circumstances”, though it didn’t squarely address whether the 5% crossing itself was in an informed market: HSF Kramer
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The Seven West–Southern Cross merger has reignited investor anger over ASX listing rules, which let one side’s shareholders vote while the other side sits out. Ownership Matters’ Dean Paatsch called the system “absurd”, while ACSI says the loophole leaves Australia out of step with global markets. The backlash follows James Hardie’s $US1.9bn Azek deal, where a waiver from listing rule 7.1 let it acquire Azek without a shareholder vote by leaning on ASX GN 21 for cross-border scrip-for-scrip acquisitions. Heavyweights like Allan Gray and AustralianSuper are demanding reform, even pushing constitutional caps on new share issues. But KWM warns tightening rules would hobble bidders, add red tape, and risk higher break fees. The ASX has promised a consultation paper for around November. Until then, expect the shareholder revolt to keep simmering: AFR, KWM
TALKING POINTS
US gov shuts down

The US government has officially shut down for the first time in 6 years after the Senate rejected a short-term funding bill to keep government agencies running. 750k workers could be suspended, costing US$400m a day. Essential staff like military and air traffic controllers have the joy of working without pay. The gov will stay in shut down until new funding is agreed to: ABC, Capital Brief
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Strip-searches are under fire. The NSW Supreme Court has ruled that police suspicion of drug possession isn’t enough to justify a strip-search, slamming the practice as “systemic” and unlawful. The case, led by Slater + Gordon and Redfern Legal Centre, saw plaintiff Raya Meredith awarded $93k after being searched at Splendour. Advocates now want strip-searches of minors scrapped entirely, with compensation claims looming: The Guardian
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A Manhattan Judge has slammed both the fraudster and the bank. Charlie Javice, the 30-year-old founder of Frank, has been sentenced to 7 years’ jail and $287.5m restitution for faking 4 million users to sell her startup to JPMorgan for $175m. Judge Alvin Hellerstein blasted the deal as “audacious” fraud but couldn’t resist a dig at the leading bank’s “stupidity” and “very poor due diligence”: Business Insider
DEAL ROOM
Behind the $36bn collapse

ADNOC’s: $36.4bn all-cash tilt for Santos has officially joined the graveyard of failed Aussie megadeals. After two exclusivity extensions, months of due diligence and a legal line-up featuring Allens, Linklaters and HSF Kramer, trust broke down over tax, FIRB and gas supply. ADNOC walked, Santos tanked 12% in a day, and questions over leadership are now front and centre. Check out our deep dive here: Point Blank
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Glencore: is eyeing BHP’s mothballed Nickel West and West Musgrave projects, with advisers UBS and Macquarie opening the data room late last month. Indicative bids are due by November, but buyers face a trifecta of pain: $1.5b rehab liabilities, $400m annual care costs, and a 51-year utility deal with Leinster: AFR
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Prime Creative: has snapped up Money Management, Investor Daily, IFA, SMSF Adviser and Super Review from Momentum Media. The niche wealth media pubs will sit alongside Prime’s 50-plus B2B titles from trucking to education. Money Management, founded by Sunrise hero David Koch, changes hands again just three years after Momentum nabbed it: AFR
SECTOR SPECIFIC
LinkedIn’s AI recruit

🚜 DIGGERS
Winter is coming. The ACCC says Australia’s east coast faces a winter 2026 gas squeeze, with no surplus from NSW or Vic fields. Southern states will be forced to lean on Queensland LNG exporters, who must offer uncontracted gas locally before shipping offshore. But with Bass Strait in rapid decline, the regulator says supply is far from guaranteed: The Australian
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BHP will spend A$840m on upgrades at its Olympic Dam copper, gold and uranium hub in SA, ahead of a major expansion decision in 2028. The works include a new tunnel, ore pass and oxygen plant to boost smelter performance. Olympic Dam has pumped out 300k+ tonnes of copper annually, anchoring BHP’s push to lift global output: Mining.com
🏦 FIN
The Fair Work Commission has told CBA to boost transparency after reviewing 283 redundancies flagged in June. The Finance Sector Union argued that near-identical roles were being advertised in India, where CBA’s workforce has grown 21% to 6788 staff in a year. The bank pulled 30 job ads, but rising union pressure could lift costs if roles are forced back onshore: AFR
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ANZ has wound up its 1835i venture fund, offloading stakes in Cashrewards and Airwallex as part of CEO Nuno Matos’ cost-cutting spree. Launched in 2018 to fight fintech disruption, the fund is now deemed redundant, with assets shifted into ANZ’s non-operating holding company. It’s the latest in Matos’ streamlining push: AFR
🏠 RETAIL & REAL ESTATE
Confidence in Australia’s office market is bouncing back, with $4.4b in H1 deals and sentiment surveys tipping capital values to rise in 2026. Experts say rents are climbing as new builds stall, though recovery is uneven. While Sydney, Brisbane and Perth are stabilising, Melbourne is lagging: Real Commercial
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Global asset manager Barings is circling Darling Square, an A-grade Sydney office tower valued at about $360m. Developed by Lendlease and Aware Super in 2019, the 27,700sq m building is 71% leased to CBA and carries leading ESG credentials. A deal would mark Barings’ biggest Australian office play yet: The Australian
📱 TECH & STARTUPS
OpenAI has joined the Tech Council of Australia, backing chair Scott Farquhar’s push to make Australia a data centre hub for Southeast Asia. The US$500bn startup has been expanding locally, opening a Sydney office and meeting Treasurer Jim Chalmers on “strategic investments”: Capital Brief
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LinkedIn has rolled out its first AI-powered recruiting tool in Australia. The Hiring Assistant automates sourcing, screening and outreach, with early adopters saving four hours per role, cutting profile reviews by 62% and lifting InMail response rates by 69%. Recruiters say the AI expands candidate pools 7.7x by prioritising skills over degrees or employers: Tech Business News
JOB OPPORTUNITIES
Till next time,
-Team PB