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Today’s brief:
Behind Coles’ battle with ACCC
A&O’s raids partners across 5 firms
Spouses are hiding millions in divorces
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WORD ON THE STREET

Courtroom showdown

Coles is staring down one of the biggest consumer law fights, with the ACCC alleging its "Down Down" promos were fake discounts engineered by hiking prices first. Coles says the discounts were "fair dinkum." Johnson Winter Slattery acts for the ACCC, and Allens reps Coles. We explore the top silks and partners on each side, the case and the defence, and why the Kalgoorlie merger challenge matters. Full story on our website: Point Blank
A&O Shearman is on a recruiting blitz in Australia, poaching partners from HSF, Squire Patton Boggs, Norton Rose Fulbright, Baker McKenzie and Ashurst to capitalise on its US merger. The firm's now at 30 partners locally and is chasing cross-border M&A work between the US and Australia, though it ranked just 15th for announced deals in 2025: Law.com
Harvey has partnered with Intapp to embed information barriers directly into its AI platform. The integration syncs Intapp's existing ethical wall policies with Harvey's access controls, tackling what CEO Winston Weinberg calls firms' "number one" concern: security. Hopefully, they solve lawyers’ number pain point next: daily time entry: NB
A top silk is pursuing a law firm for a $323.4k cancellation fee. William Roberts Lawyers retained Brian O'Donnell KC for a 13-week trial, then settled three weeks later. His costs agreement included a 20-day cancellation clause, but the firm says it's a penalty: Lawyers Weekly
HFW has poached veteran ship finance partner Simon Petch from Watson Farley & Williams. The hire bolsters HFW's position as the largest maritime practice of any international law firm: Point Blank
PRACTICE POINTS

Boards’ AI risk
⚖️ AI/Boards: Directors reaching for AI tools to streamline governance processes should tread carefully. While AI-generated board pack summaries, automated minutes and trend analysis can boost efficiency, they don't dilute directors' duties under the Corporations Act. The duty of care and diligence under s 180 still requires directors to review full board materials and inform themselves "to the extent they reasonably believe to be appropriate". Unverified AI summaries alone won't cut the mustard. Directors must also understand the limitations of any AI tools adopted, including risks of bias and inaccurate outputs. Best practice calls for clear AI governance policies, sufficient AI literacy and robust human oversight: Lander & Rogers
⚖️ Arbitration: The Victorian Supreme Court has upheld a hybrid arbitration clause in Downer Utilities v Murra Warra Asset Co. The clause required arbitration to be "conducted by the Resolution Institute in accordance with the ICC Rules", despite the Resolution Institute being unable to replicate the ICC's unique structural functions. Croft J held that party autonomy trumps institutional limitations, rejecting arguments that the clause should be read down or severed. The arbitral tribunal was left to apply such ICC Rules as are compatible with the Resolution Institute's capabilities. Hybrid clauses can work, but drafters should brace for procedural headaches when disputes arise.
⚖️ Corporate: ASIC has released its half-yearly misconduct data, and the numbers aren’t great. Between July and December 2025, ASIC received 9,686 reports of misconduct, raising 13,036 issues. That’s a 28% jump on the prior six-month period. Corporate governance concerns led the charge, accounting for 40% of issues raised, including failures to provide records to liquidators, fraud allegations, and insolvency matters. Deputy Chair Sarah Court flagged that the figures reinforce ASIC's enforcement focus on governance and directors' duties failures: ASIC
TALKING POINTS

Crypto divorce wars

Did you hear…
Crypto assets are becoming a growing headache in divorce proceedings, with family lawyers flagging cases where spouses hide holdings worth millions. In one case, a wife uncovered hidden assets after finding handwritten notes containing long numbers, eventually obtaining freezing orders against her husband and a crypto exchange. Tracing crypto is expensive and complex, but lawyers expect these cases to surge as younger, crypto-savvy generations start splitting up: FT
Also…
A few weeks ago, Anthropic dropped a legal plugin for Claude Cowork that rattled markets. Now, the AI giant is back with plugins for HR, IB and design. Its investment banking plugin automates everything from deal diligence to pitch prep. The vertical AI push is real — Anthropic is coming for specialised, industry-specific work across the board: Legal IT Insider, Bloomberg
DEAL ROOM

Takeover talks
🙅 Allegro Funds is in advanced talks to snap up Laser Clinics Australia from KKR, marking a shift from its usual distressed-asset playbook into growth investing. MacCap is running the sell-side, with other parties still circling. KKR paid $650m back in 2017, but the investment's been a headache ever since, with franchisee disputes and covenant waivers. Clifford Chance is advising Allegro: AFR
🍕 Domino's Pizza Enterprises takeover talks may have just fallen over. KKR and Bain Capital, once thought to be circling, have reportedly cooled on a bid as same-store sales growth softens. With shares down ~10% over the past month and a $2bn market cap, all eyes are on the 25 February results for signs of life: The Australian
SECTOR SNAPSHOT

2000 jobs wiped


DIGGERS
🚜 FOI documents reveal Woodside privately warned the Albo government that strict emissions conditions on its North West Shelf facility would effectively block processing of its $30bn Browse gas project. Key conditions were eventually wound back, with environmentalists crying capitulation. Now the government faces a series of court challenges to its decision to extend the North West Shelf's life to 2070: AFR

FIN
🏦 Former ANZ CEO Shayne Elliott dropped his legal bid to claw back over $13.5m in withheld bonuses, walking away without a settlement. The move also clouds a further $8m in future payouts, with chairman Paul O'Sullivan flagging more cancellations could follow. Elliott was among execs who lost a combined $32m after ANZ copped a record $250m ASIC penalty: AFR

RETAIL + REAL ESTATE
🏠 Scentre Group is splashing $240m on Westfield Bondi's sixth level, transforming it into a lifestyle, entertainment and dining destination as it bets on keeping customers inside longer and spending more. The shopping giant is also pivoting hard into housing, lodging proposals for over 16,000 apartments across six Westfield malls: The Australian, AFR

TECH + STARTUPS
📱 WiseTech Global is cutting up to 2,000 jobs, nearly 30% of its workforce, blaming AI for making developers and customer service staff redundant. First on the chopping block are teams at e2open, its $3.2bn acquisition. The CEO put it bluntly: manually writing code is over: AFR
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