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👋 G’day

Today’s brief:

  • Three mega-mergers, 40-plus partners gone

  • KPMG hides behind legal privilege claim

  • Five CU lawyers promoted to partner

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

WORD ON THE STREET

Mergers cost partners

Law firm mergers create a retention problem. Three transatlantic mega-mergers are currently underway — Ashurst with Perkins Coie, Taylor Wessing with Winston & Strawn, and Hogan Lovells with Cadwalader. Collectively, the merging firms have already shed 40-plus partners in six months. A&O Shearman is the cautionary tale: it axed 10% of its global partnership (around 80 partners), with total departures hitting 190 since its merger announcement: NB

  • KPMG is staring down contempt of parliament charges after refusing to hand docs to a Senate inquiry probing whistleblower claims. Chair Martin Sheppard is hiding behind legal professional privilege, with Ashurst and Allens instructed to block access. Senate clerk Richard Pye said privilege isn't “a basis for resisting a lawful order of the committee”: The Australian

  • Clayton Utz has promoted five lawyers to its partnership from 1 July, spanning M&A, public sector, product regulation and insolvency across Sydney, Melbourne, Brisbane and Canberra. See the lineup here: Point blank

PRACTICE POINTS

Star gets stung

⚖️ Corporate: Justice Lee has handed Matthias Bekier and Paula Martin penalties of $700k and $400k respectively for breaching their s 180 duties over "inherent and obvious" money laundering risks at Star Entertainment. Both are disqualified from managing corporations for 6 and 7 years. Lee noted the fines were lighter than they'd otherwise be, because ASIC's "generous" deals with other senior executives made harsher penalties irrational by comparison. For Martin, Lee was pointed: a lawyer's honesty obligations aren't "aspirational or optional". A dysfunctional corporate culture doesn't dilute them. If anything, it heightens them: Lawyerly

⚖️ Crypto: The High Court has unanimously ruled that Block Earner's fixed-yield crypto product "Earner" was a financial product under the Corporations Act, reversing the Full Federal Court and handing ASIC a significant win. Earner let users swap AUD for crypto, with funds pooled and loaned to third parties to generate a fixed return. The Court found it was also a derivative, because the final payout varied by reference to the AUD/crypto exchange rate. The matter returns to the Federal Court on penalties. ASIC considers the financial product definition to be deliberately broad and technology-neutral, capturing new products without any need for legislative amendment: Capital Brief

⚖️ Consumer: The ACCC has issued two infringement notices to ugg footwear retailer Christofi Investments. Christofi has since paid $39.6k in penalties for allegedly misleading strikethrough pricing on its Ugg Originals and Ugg Australia Classic websites. The products were advertised with a "was/now" price format, but the ACCC alleges the higher "was" price had never genuinely applied in any reasonable prior period. A strikethrough price must reflect a price the product was actually offered at, not an aspirational one: ACCC

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TALKING POINTS

WFH guaranteed

Did you hear…

Victoria is about to make working from home a legal right. Premier Allan's bill lets most employees WFH two days a week, forces employers to cover the cost of equipment, and if they knock back a request without good reason, VCAT can award compensation. Although lawyers are warning that workers could double-dip on WFH entitlements, claiming two state-law days then turning around and requesting two more entitled under the Fair Work Act: AFR

Also…

Childcare workers dodged a nationwide walkout, with the Federal Government locking in another 15% pay rise over 18 months after the existing scheme wraps up in November. It’ll cost the gov $3.6bn and provide an extra $255 to $410 a week depending on the role: ABC

DEAL ROOM

Bain bows out

🚶 Bain Capital has walked away from the race to take oOh!media private, leaving three PE firms, Pacific Equity Partners, Oaktree and I Squared Capital, in the $845m tilt. Bain's got a full plate heading into June 30, including closing its $2.5bn Estia Health sale to Stonepeak: AFR

Sembcorp Industries has closed its $6.5bn acquisition of Alinta Energy from Hong Kong conglomerate Chow Tai Fook, picking up 1.1 million customers. Ashurst (buy-side), HSF Kramer (sell-side) and G+T (financing) split the mandates: Point Blank

📉 Morningstar is backing IFM Investors' $5.10-a-share bid for Atlas Arteria, telling shareholders the case for holding out doesn't stack up. IFM's blocking stake deters rival bidders, while French tax headwinds and a stronger Aussie dollar are squeezing earnings: The Australian

SECTOR SNAPSHOT

Regulators warn banks

DIGGERS

🚜 Inpex has settled its long-running dispute with the Offshore Alliance, ending strikes that cost $15m-$22m a day and threatened LNG exports mid-global energy crisis. The deal locks in 3.75% annual pay rises. Also, BHP gets the green light to proceed with a $5.6bn Olympic Dam refinery expansion after South Aus passed new mining laws, despite the Kokatha Aboriginal Corporation saying they were cut out of compensation talks: AFR

FIN

🏦 The ABA's annual Melbourne event saw regulators sound the alarm. APRA's John Lonsdale warned that geopolitical unrest, cyber risk and tech concentration could rapidly compound into a "polycrisis". Though he also flagged banks can't afford to pull back on AI. New ASIC chair Sarah Court reminded the sector it can't be bold while bungling basics like interest payments and hardship applications: Capital Brief

RETAIL + REAL ESTATE

🏠 Frasers Property Australia has snapped up two residential sites on the Gold Coast and in Victoria, adding 3,800 lots and ~$3bn to its pipeline. The Singaporean giant is backing Australia's structural housing undersupply despite rising rates, Labor's tax concession cuts and softening Sydney and Melbourne markets slowing buyer appetite: AFR

TECH + STARTUPS

📱 Anthropic has hired former Atlassian global policy head David Masters as its ANZ policy chief, as the AI lab ramps up its government relations game. The appointment comes amid US export restrictions on its Mythos model. Meanwhile, Apple is targeting late 2027 for a trio of major releases: camera-equipped AirPods, a second-gen foldable iPhone, and a 20th anniversary iPhone: Capital Brief, AFR

P.S.

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