👋 G’day

Today’s brief:

  • Firm faces claim over calendar error

  • AI legal platform hits US$5.55bn

  • Union's sacking bid backfires

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

WORD ON THE STREET

One day late

Simpson Thacher missed the deadline to appeal its client Aramark's blocked UK merger by a single day, blaming a "misinterpretation of the rules." The Competition Appeal Tribunal wasn't having it, refusing an extension despite the "significant" fallout. A professional negligence claim now looms. At US$7.7m average partner profits, you'd think someone could read a calendar: FT

  • Legal AI platform Legora just tripled its valuation to US$5.55bn after a US$550m Series D led by Accel, with Bain Capital and Salesforce Ventures piling in. The platform already counts Allens and MinterEllison among its Australian clients and is now ramping up its expansion: Point Blank

  • The Public Service Association of NSW tried to sack its own lawyer for allegedly faking timesheets while working from home. The Fair Work Commission found the union's investigation lacked procedural fairness. The commission stopped short of blocking the process but ordered the union to hand it to a third-party investigator: AFR, Lawyerly

  • The High Court is dropping some heavy hitters: the Katy Perry trade mark showdown with Melbourne designer Katie Perry lands today, followed by ASIC's first crypto case against Block Earner on Thursday, and Billabong founder Gordon Merchant's $50m tax fight with the ATO (on EY's advice, naturally) rounding out the week. One to watch across the board: Capital Brief

PRACTICE POINTS

AI hiring

⚖️ AI/Employment: AI recruitment tools are now mainstream in Australia for screening, scoring and shortlisting candidates, but efficiency doesn't sidestep discrimination law. There's no AI-specific legislation yet; existing frameworks like the Fair Work Act, Disability Discrimination Act and state anti-discrimination statutes apply regardless of whether a human or algorithm makes the call. The real risk is indirect discrimination. For example, language-heavy assessments that filter out candidates for whom English is their second language or algorithms that penalise career gaps, which may disproportionately affect parents returning from leave. Using a third-party tool won't shield employers either; if the process is discriminatory, liability stays with the employer: Lander & Rogers

⚖️ Contract: When do contracts have a good faith duty? There's still no High Court authority for a universal implied duty of good faith in Australian contracts. The presence, content and scope of any good faith obligation depends on the contract's terms, context and commercial purpose. But, courts have recognised three pathways: (1) implication in fact under the BP Refinery test, most persuasive in long-term or relational deals where an opportunistic exercise of rights would undercut the bargain; (2) implication in law, suggested by NSW Courts particularly for franchises and joint ventures; and (3) constructional limits on discretions, preventing powers like termination or pricing being exercised arbitrarily or for an extraneous purpose: KWM

⚖️ Regulatory/Corporate: ASIC Chair Joe Longo used his address at the AICD Governance Summit to give a boardroom pep talk. Longo acknowledged that the boardroom seat isn't as comfortable as it once was — the director role has been fundamentally reshaped over the past decade. Drawing on the Star Entertainment judgment, Longo reinforced three expectations of directors: directors are paid to properly engage with information, can't substitute management's advice for their own scrutiny, and being overwhelmed by board papers is no excuse. On AI, Longo urged every board to set a clear use policy now, warning that agentic AI will be an inflection point in how organisations manage governance risk: ASIC

TALKING POINTS

Tax the platforms

Did you hear…

ASIC chair Joe Longo calls AI the most significant area of change for company directors today. While CBA chairman Paul O'Malley reckons the big AI platforms like OpenAI and Anthropic are quietly hollowing out the Australian economy, shipping value offshore while we foot the bill. His thinking is that if the tax base shrinks because global tech giants are extracting GDP, funding becomes harder. He's pushing Albo to regulate and tax the platforms before Australia becomes a "passive consumer of value created elsewhere": AFR

Also…

Never been a better time to be a billionaire. Forbes' 2026 list hit a record 3,428 billionaires worth a combined US$20.1tn, up US$4tn on last year. Elon Musk tops it again at US$839bn, roughly doubling his fortune. The US claims 989 of them. Meanwhile, a record 35 under-30s made the cut, with the three 22-year-old co-founders of AI recruiting startup Mercor now the youngest self-made billionaires ever listed: Forbes

DEAL ROOM

Walk-away

🏦 Goldman Sachs and Barrenjoey are running the sale of Colonial First State for owners KKR and CBA, targeting north of $5bn. But consulting giant Mercer has walked after extensive DD late last year, deciding the price didn't stack up. This is the second crack at an exit after a quiet process stalled in 2024: The Australian

👷‍♀️ Goldman Sachs is running the sale of Ausco Modular, Brookfield's Queensland-based portable buildings business, expected to fetch well north of $1bn. Ausco pulls in $512m revenue and $83m after-tax profit, dwarfing ASX-listed comp Fleetwood: AFR

SECTOR SNAPSHOT

CEO tug-of-war

DIGGERS

🚜 There’s a CEO tug-of-war at play. Geraldine Slattery, BHP's Australian president, is being courted for the top job at both BHP and Woodside simultaneously. She's the internal frontrunner to succeed Mike Henry and the leading external pick to replace Meg O'Neill. Woodside's board expects a call by end of March: The Australian

FIN

🏦 What happens if AI causes mass job disruption? A Macquarie analyst reckons 10% of Australian mortgage repayments are exposed to AI-driven job disruption, with clerical, finance and tech roles most at risk. If unemployment hits 6%, bad debts jump 25-30 basis points, cascading from small to medium enterprise (SME) defaults through to forced home sales. That means a 10% hit to bank sector earnings by 2029: AFR

RETAIL + REAL ESTATE

🏠 Dexus is assembling a new office fund anchored by stakes in Sydney's top towers, including the $1.4bn Atlassian headquarters under construction at Central Station. The invitation-only process is targeting long-term institutional partners, potentially worth billions. Proceeds could fund a 10% stock buyback: The Australian

TECH + STARTUPS

📱 Anthropic has officially opened its Sydney office, its fourth in Asia-Pacific, with plans to recruit across sales, policy, AI engineering and more. Meanwhile, Meta and YouTube are fighting a bellwether trial in LA over claims their apps were designed to be addictive, causing a young woman severe mental health harm. With 1,200+ lawsuits queued behind it, a loss could force industry-wide redesigns: Capital Brief, The Australian

JOBS

Associate, New York

Private Equity

US$310k-US$390k

Senior Associate, Brisbane

Front End Construction

P.S.

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