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👋 G’day

Today’s brief:

  • Big 8 grew profits by charging more

  • Joe Aston calls out law firm probes

  • KPMG didn't pay people properly

Here’s your latest, PB #{{join_number}} 👇

WORD ON THE STREET

Big 8 vs large firms

Aussie law had a big year. A new Thomson Reuters report shows fees up 10.2% and PEP up 74.2% since 2020. The Big 8 and large firms took a completely different approach. The Big 8 barely grew demand (2.2%) yet banked a 19.7% profit jump by just charging more and using reputation to make it stick. Large firms chased volume instead, growing demand 9.7%: Point Blank

  • Joe Aston reckons law firms doing workplace investigations are dressed up to look thorough, not to actually find anything. His proof: Allens skipped the forensic email searches they'd agreed to in the KPMG whistleblower probe, then called the accused execs “candid and credible”: AFR

  • Next up in KPMG's public humilation ritual: not being able to sack people properly. After axing around 400 staff in "Project Vector", the firm missed paying final entitlements on time, breaching the Fair Work Act. Courts now demand pay on the last day of employment, with penalties of $6.2k per breach in a recent case: AFR

  • DLA Piper just pinched Craig Silverwood from MinterEllison to run transfer pricing across APAC, after nearly nine years there and a stint at the ATO as an economist. DLA's tax bench keeps stacking up — this is its fourth hire in recent months: Point Blank

PRACTICE POINTS

Thread by thread

⚖️ Privilege: In Perpetual Corporate Trust v Maneva, the NSW Supreme Court clarified that an email chain isn't one single privileged unit. Sirtes J held each email in a thread must be assessed for privilege on its own. You can't claim or refuse privilege over the whole chain as a block. Attaching a document to a privileged email doesn't make that document privileged too, and a privileged final email doesn't privilege the earlier ones in the chain. Interestingly, if someone makes a copy of a non-privileged email for the dominant purpose of getting legal advice, that copy can be privileged, even though the original email stays unprotected: NSW Supreme Court

⚖️ Employment: In Clarke v Beiler Constructions, the Federal Court handed down its first contested judgment on the sexual harassment provisions added to the Fair Work Act in 2023. A FIFO apprentice carpenter alleged her supervisor made explicit remarks and directly propositioned her for sex. There were no witnesses and the supervisor denied it all. The Court still found two instances of harassment proven on the balance of probabilities, relying heavily on what she'd told her family shortly after each incident. The Court also rejected the "it was just banter" defence outright — a direct request for sexual favours is a sexual advance no matter the workplace culture. The employer was found vicariously liable: Federal Court of Australia

⚖️ Regulatory: ACCC Commissioner Luke Woodward gave lawyers a preview of where enforcement is headed next. Cartel enforcement stays front and centre, but as collusion gets harder to spot, expect the ACCC to lean on broader legal theories like concerted practices and substantial lessening of competition, plus sharper bid-rigging detection. On consumer law, Woodward flagged rising scrutiny of dark patterns, like nudge tactics and social proofing, with a growing focus on the systems and people behind the harm. Court action won't always be the tool of choice either — infringement notices are set to feature more often: ACCC

TALKING POINTS

Bench wars

Did you hear…

The High Court has its own version of Roe v Wade brewing. Justice Simon Steward wants the implied freedom of political communication scrapped altogether, and he's inviting litigants to challenge it. Chief Justice Gageler disagrees — he says courts must keep applying it until it's formally overturned. With six implied freedom cases up next six months, buckle up: Capital Brief

Also…

Ex-RBA economist Jonathan Kearns expects another rate hike this month, pushing the cash rate to 4.6%, and property prices cop a 10% fall along the way. That'd be the biggest housing drop since the Great Depression: Bloomberg

💰 What are Aussie lawyers really earning?

Ever wondered if you're being paid what you're worth?

Private practice lawyers, help us find out.

Anonymously share your salary, PQE, targets and firm.

(Two minutes. Fully anonymous.)

DEAL ROOM

IPO countdown

🎨 Canva is ramping up hiring for a raft of senior finance and investor relations roles, all pointing toward a US listing. New hires will run mock earnings calls, manage analysts and build SEC-style reporting systems, even though Canva says nothing’s been decided: Capital Brief

👗 Country Road Group is back in the sale rumour mill, with owner Woolworths Holdings running a strategic review of underperforming assets. The group booked a $21.7m loss in FY26, and while the company insists it's not for sale, past buyout talk pegged its value north of $1bn: The Australian

💉 Nucleus Network, Blackstone's clinical trials outfit, is heading into the final lap of a $1bn-plus auction run by Goldman Sachs. Bain Capital is prepping a binding bid via its life sciences fund, but faces competition from Hillhouse and Boyu: AFR

SECTOR SNAPSHOT

Cybercab gamble

DIGGERS

🚜 Woodside is pouring $24bn into its Louisiana LNG terminal, chasing US tax breaks and Trump‑era deregulation that Australia can’t match. Analysts warn the mega‑project signals Australia’s losing its competitiveness for gas investment, with Woodside eyeing a fourth LNG train stateside over expanding the Browse Basin: AFR

FIN

🏦 Westpac wants to slice up more of its loan book and sell the risk to private credit giants and super funds. Ex‑Goldman banker Rob Taylor has been hired to run the strategy, which frees up capital by getting outside investors to back Westpac's mortgage and business lending: AFR

RETAIL + REAL ESTATE

🏠 A $10bn wave of office towers is hitting the block, with Blackstone, Dexus and Asian institutions cashing in on a valuation recovery. But experts warn it's a two-speed market: prime stock will sell, while lower-quality buildings could sit unsold or trade at a steep discount: The Australian

TECH + STARTUPS

📱 Tesla has started paid rides in its steering wheel free Cybercab, but shares tumbled 6% after the NHTSA opened a probe into how Tesla self‑certified a car with no pedals or wheel. Unlike Amazon's Zoox, which secured a federal exemption first, Tesla's rolled out 45 Cybercabs without one: AFR, Bloomberg

P.S.

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