👋 G’day

Welcome back to another day of insights

Today’s brief:

  • BHP must match labour-hire pay

  • ACCC sues Banana Boat maker

  • Mushroom killer found guilty

Here’s your latest 👇

PRACTICE POINTS

ACCC sues sunscreen giant

  • The ACCC is taking Edgewell (maker of Banana Boat and Hawaiian Tropic) to the Federal Court for allegedly greenwashing its sunscreen products. Despite the “reef friendly” label, the products contained other chemicals linked to reef and marine life harm, like octocrylene and homosalate. The ACCC claim the sunscreen maker knew about the risks but kept selling over 90 products with the claim until late 2024, even after ditching it in the US in 2020. The ACCC wants penalties and declarations: ACCC

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  • ASIC has appealed a Federal Court decision that found HCF Life’s “pre-existing condition” term misleading but not unfair. The term lets HCF deny claims based on symptoms a doctor later identified, even if the consumer wasn’t diagnosed or aware of them. ASIC argues the court wrongly relied on the safety net in s 47 of the Insurance Contracts Act, which most consumers wouldn’t know about. The case could clarify whether misleading equates to unfair terms.

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  • Two Federal Court cases are set to test workplace reforms — the right to disconnect and limits on fixed-term contracts.

    • In Martin v Cairns Rudolf Steiner School, a teacher claims she was unlawfully dismissed after exercising her right to disconnect by not responding to allegations about her conduct during school holidays. She’d asked for an extension but was still sacked. The case, now in mediation, could be the first big test of whether adverse action can arise from ignoring work while on leave.

    • In MEAA v ABC, the union is suing on behalf of a digital producer on her third fixed-term contract in three years, alleging it breaches the fixed-term limits by using successive fixed-term contracts. One to watch, as one of the first cases to set the tone for fixed-term contract compliance: Allens

WORD ON THE STREET

Mills Oakley’s hiring spree

  • Mills Oakley has snapped up three new partners, bolstering its restructuring and energy practices. Jason Salman (ex-Ashurst) joins in restructuring, while Sarah Pick (ex-Minters) and Yannis Vrodos (ex-HSF Kramer) boost the energy and infrastructure bench. The firm’s now at 173 partners and says it’s doubling down on key sector depth nationwide: Mills Oakley

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  • Aussie law firm Sprintlaw has cut staff from 60+ to under 30 while doubling client numbers, thanks to a $2m AI push. Its new tool, “Taylor AI,” lets clients interact with the platform like they would with a lawyer. Behind the scenes, AI tools act like paralegals, tapping legal data to draft docs, which lawyers still review for accuracy: Tech in Asia

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  • Ex-Jones Day partner Raymond McKeeve will face the UK’s Solicitors Disciplinary Tribunal after allegedly telling someone to “burn it” in relation to electronic evidence, despite a court-ordered preservation notice. McKeeve already copped a £25k fine over the incident, which the judge called a “spontaneous act of colossal stupidity” but did not warrant jail time: Legal Cheek, Law Gazette

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  • Sparke Helmore has promoted 20 lawyers across 5 practices, including four new special counsels in its projects and government teams. The list features specialists in procurement, probity, privacy and admin law, with national managing partner Andrew White calling it a nod to “hard work and career milestones”: Sparke Helmore

TALKING POINTS

Guilty verdict

  • It’s official. The mushroom murderer has been found guilty as charged. A jury found Erin Patterson guilty of murdering three relatives and attempting to murder a fourth after serving a beef Wellington laced with death cap mushrooms. The jury rejected her claim that it was a tragic accident. Prosecutors didn’t name a motive, but painted a picture of carefully planned deception: ABC News

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  • The Kyle and Jackie O Show has been referred for contempt after Kyle said “just lock that b*tch up” on air while the Erin Patterson trial was still underway. The judge also flagged Mamamia and a “Psychology of Serial Killers” event for prejudicial commentary. As media interest surges in high-profile cases, the courts are cracking down to protect jury integrity: The Guardian

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  • In other news, the RBA is tipped to cut rates to 3.6%, marking the first back-to-back cut in six years. With inflation cooling and US trade tensions rattling global markets, the bank is doubling down on easing. Most economists are backing the move, signalling growing concerns about Australia’s economic fragility in the face of global headwinds: Bloomberg

THE TREASURY

ASX as at market close. Commodities and crypto in USD.

DEAL ROOM

G+T steers Xero

  • Gilbert + Tobin: advises Xero on its deal for US bill-pay start-up Melio for $4bn, backed by a $1.85bn placement and $200m SPP. G+T advised on both the equity raising and cross-border M&A, steering through regulatory hurdles across Australia, NZ, the US and Israel. Craig Semple and Bridget Sutton led the deal: G+T

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  • Vault Minerals: is hot property, with foreign buyers from Indonesia and North Asia eyeing the gold miner, lured by record gold prices. But a deal could derail Genesis Minerals’ M&A ambitions, an obvious bidder for Vault. Vault’s key mine, Deflector, is nearing end-of-life, adding pressure to strike while gold’s hot. A sale would cap off a $13bn+ M&A streak in Aussie gold: The Australian

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  • Invesco: is leading the race to buy RetireAustralia for $850m, tapping GIC as a potential backer. With 29 villages across QLD, NSW and SA, the portfolio’s 93% occupancy and $95m in recent profits caught investor eyes. Jefferies is running the process: AFR

SECTOR SPECIFIC

Same job, big win

🚜 DIGGERS
  • The Fair Work Commission has ordered BHP to give 2200 labour-hire workers up to $30k pay bumps, ruling they were doing the same work as direct employees and deserved the same pay. It’s the first test case under Labor’s “same job, same pay” law, and a major win for the Mining and Energy Union. BHP says it’s reviewing the decision: The Australian

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  • Despite a price slump, nickel has overtaken lithium as the most valuable EV battery metal this year, with $2.2bn worth deployed in EVs vs lithium’s $2.15bn. That’s even with the rise of nickel-free LFP batteries and nickel trading volatility. Turns out, nickel’s still got charge in the battery race, while lithium keeps losing juice: Mining.com

🏦 FIN
  • With a rate cut looming, only 1 in 10 mortgage holders dropped their repayments after the RBA’s May cut, say CBA, NAB and ANZ. Most are keeping payments high to pay down debt faster, despite savings of up to $200k over 30 years. Good for financial resilience, but bad for retailers banking on a spending rebound. Westpac's the only big four that cuts repayments by default: AFR

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🏠 RETAIL & REAL ESTATE
  • The VCAT has ruled against Lifestyle Communities’ use of deferred management fees, declaring them void under tenancy laws for being too vague. The decision could trigger a $250m write-down, as the fees make up 30% of its assets. The landmark call puts pressure on the land lease model and could reshape how retirement communities charge residents: The Australian

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  • A week after the cyberattack, someone claiming to hold data on 6 million Qantas customers contacted the airline. The breach, enabled by an AI voice scam via a Salesforce-linked call centre, came days after an FBI alert. No ransom confirmed yet, but AFP is now involved: AFR

📱 TECH & STARTUPS
  • WiseTech directors Charles Gibbon and Michael Gregg are sitting on $2.3bn in WiseTech shares via SMSFs (which are legacy funds set up before tax rule changes). Gibbon’s super fund is now mostly private, but just backed Capital Brief with a fresh $4.6m cheque, fuelling speculation he’s targeting rivals after media scrutiny of WiseTech governance: AFR

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  • Adobe’s new AI agents can now build end-to-end ad campaigns using your brand data. Think personalised videos in 30+ languages, without waiting for a data team. Coca-Cola’s already using it, and Marriott’s trialling it here. The tools will automate data wrangling and campaign strategy, with Adobe betting that marketers will trade dashboards for copilots: The Australian

Till next time,

-Team PB

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