👋 G’day
Welcome back to another day of insights
Today’s brief:
EY partner banned for five years
Lendlease fields $3bn offer
Gender gap halves again
Here’s the latest 👇
PRACTICE POINTS
Contract clichés
We all see "for the avoidance of doubt" and "without limitation" used in contracts—but what do they actually do?
‘For the avoidance of doubt’ is usually there to emphasise or clarify a clause, especially where there’s concern it might be misread or contradicted elsewhere. But courts consistently say it has no special legal effect—it doesn't resolve ambiguity and may even highlight uncertainty. If ambiguity remains, courts will fall back on standard interpretive principles (and potentially the contra proferentem rule) to construe it against the drafter. So, unless the phrase truly adds clarity, it's best avoided.
‘Without limitation’ has more force. It’s often used to show that a list of items is illustrative, not exhaustive—other, unlisted items can still fall within scope. It also helps sidestep the ejusdem generis rule, which would otherwise limit general words to the same category as the specific examples listed: KWM
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The ACCC has launched Federal Court action against Beacon Products and Zandox Group. The watchdog says unconscionable conduct and MDC, saying they used unsolicited telemarketing to pressure small businesses into accepting products they never ordered. Allegedly, the companies made returns difficult and falsely claimed binding supply agreements were in place. The ACCC is not only seeking penalties, it's also going after Beacon’s director, Warren Skry, including a disqualification order.
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With cyber attacks piling up and regulators circling, the AICD has released Data Governance Foundations for Boards—a guide to help directors sharpen their oversight of how data is managed and protected. The guide sets out key principles for data governance, urging boards to think strategically about balancing innovation, risk and ethics. It builds on the AICD’s Cyber Security Governance Principles and pushes directors to treat data as a critical asset, not just an IT issue.
WORD ON THE STREET
CC lands Disney deal

Top law firms always say they win the best work. But this might actually be the best. Clifford Chance is repping Disney on its first Middle East theme park—set to open in Abu Dhabi in the 2030s. The indoor resort, fully funded by UAE developer Miral, sees Disney licensing its IP while collecting royalties. It’s Disney’s biggest park move since Shanghai 2010—and CC’s landed the whole gig, across real estate, IP, corp, and construction.
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MinterEllison has welcomed Michael Hershan to its disputes partnership in Melbourne. Hershan, a former ASIC litigation counsel, brings 15+ years of firepower in financial services investigations and class actions, having cut his teeth at HSF in Sydney and London. Another strong pickup as Minters continues to bulk up its disputes bench.
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Ex-EY partner Peter White has been slapped with a five-year ban for cooking up dodgy tax schemes and claiming his fees were just “gifts”. The Tax Practitioners Board found he racked up $2m in unpaid tax, dodged $205k in GST and and pocketed $700k in secret commissions—all while peddling structures the ATO now says were flat-out illegal: AFR
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TALKING POINTS
Gender pay gap halves

Women in the Commonwealth public sector now earn 94¢ to the dollar, up from 86¢ in 2022 — lifting average take-home by $11k. The average gender pay gap has now dropped to 6.4%, down from 13.5%, way below the 21.8% gap in the private sector. And almost half of the agencies are now within a 5% pay gap. But men still pocket more from bonuses, overtime and super, and sectors like energy and aviation are dragging the average, with NOPSMA posting a 50.4% gap: AFR
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The RBA’s slow-and-steady playbook during the cost-of-living crunch kept inflation in check without killing jobs. Now, it’s catching global attention. With its latest rate cut to 3.85%, economists are asking if this could be the new crisis-response blueprint. Turns out, going gentle might just go the distance: Bloomberg
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The Nationals have split from the Liberals, claiming the Libs “left us” by refusing to back key policies like nuclear power and a $20bn regional fund. Sussan Ley’s message? The Libs won’t be dragged around anymore. With both parties now building separate shadow cabinets, this bust-up could gift Labor a dream run to 2028, just like it did in 1987: Capital Brief
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THE TREASURY

ASX as at market close. Commodities and crypto in USD.
DEAL ROOM
US oil M&A hits pause
US oil dealmaking has nosedived to US$17bn in Q1, from US$144bn in Q3 2023, as prolific buyers like Exxon and Diamondback focus on squeezing value from past deals. With crude now at US$55/barrel, buyers are wary of overpaying for fringe assets. Analysts say a pickup may come later in 2025—if trade tensions ease: Reuters
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Lendlease: has fielded at least one unsolicited bid for its retirement living arm Keyton off the back of Scape’s $3bn play for rival Aveo. Gresham’s now prepping a sale process with four or five suitors circling, with Keyton set to sell for more than $3bn. Keyton’s backed by Aware Super and APG, with Lendlease holding 25%. A full exit could help slash group debt and revive its sliding share price: The Australian
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Booktopia’s: new owner, digiDirect, has now snapped up library supplier James Bennett, adding a $40m-a-year business to its growing book empire. While the two firms will stay separate for now, cost savings and integration are coming. With a new distribution centre and Booktopia’s backend, digiDirect’s quietly becoming a serious Aussie book retailer: AFR
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L’Oréal: is reportedly leading the race to acquire vitamin A-focused skincare brand Medik8, as it doubles down on dermocosmetics. Medik8, known for its retinal-based Crystal Retinal line, is tipped to hit US$115m in sales this year after 50% growth in 2024. The buy would bolster L’Oréal’s premium skin push in the US and Europe: Cosmetics Business
Some Wednesday wisdom for you…
“If you can't govern yourselves, you can't govern the country"
- Bob Hawke
SECTOR SPECIFIC
Westpac cuts 1700

🚜 DIGGERS
Santos’ $3.6bn Narrabri Gas Project just cleared a key hurdle, with the National Native Title Tribunal ruling in favour of land leases despite opposition from Gomeroi traditional owners. The tribunal said the project serves the national interest amid East Coast gas shortfall warnings: The Australian
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Diversified mining giant Rio Tinto is pumping $900m into Chile’s Maricunga project, teaming up with state-owned Codelco to crack one of the world’s highest-grade lithium brine deposits. It’s another step in deepening Rio’s battery metals push, with the JV set to use DLE tech for low-cost, low-impact lithium as Rio chases EV demand: Mining Weekly
🏦 FIN
Westpac is gearing up for its biggest round of redundancies in a decade, asking managers to cut staff by 5%—around 1,700 roles—as CEO Anthony Miller scrambles to hit cost-cutting targets under his “Unite” overhaul. Tech and frontline bankers are safe, but most other teams are in the firing line: AFR
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But in other good news, the RBA has pulled the trigger on a second rate cut this year, taking the cash rate down to 3.85% as inflation slides. Economists are now tipping cuts in August, September and beyond. The big four banks have followed suit, dropping variable mortgage rates by 25bps: Capital Brief
🏠 RETAIL & REAL ESTATE
Productivity in Australia’s home building sector has plunged 39% over two decades, with dwelling construction going backwards 25% for standalone houses. Australian Industry Group says without urgent reform, Labor’s target to build 1.2 million homes is pure fantasy: The Australian
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MA Financial is closing in on a deal to buy property investor IP Generation, the $2bn shopping centre owner behind sites like David Jones' Melbourne CBD flagship. The move would fold IP Generation into MA’s booming asset management arm—already the firm's biggest earner—and fast-track its plan to grow assets under management to $15bn by 2026: AFR
📱 TECH & STARTUP
Google has launched its next-gen “AI mode” search and new AI tools that could gut web traffic for publishers. Its AI summaries now appear in billions of searches, reducing clickthroughs by 30%, and its new tools will let users search via video, auto-book events, and use smart glasses. All part of its plan to stay ahead of ChatGPT. But will the move eat into its revenue? AFR
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Telstra’s planting a flag near Google HQ, opening a California hub inside Accenture’s Mountain View office as part of its $700m AI alliance. The goal? Fast-track AI adoption and absorb the Valley’s culture of “anything’s possible”. The move mirrors CBA’s recent Seattle expansion, as more Aussie corporates chase the AI frontier where it’s moving fastest: AFR
Till next time,
-Team PB