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👋 G’day

Today’s brief:

  • Gadens CEO talks firm strategy

  • Judge orders AI use in class actions

  • PE chases mid-tier accounting firms

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

WORD ON THE STREET

Poolside ambition

Mark Pistilli's plan to build Gadens into Australia's next leading independent firm was hatched beside a swimming pool in Las Vegas. Since taking the reins as CEO, he's grown partner numbers by 60%, ditched family law and mums-and-dads work, and plans to take on the likes of Corrs and G+T while staying fiercely independent. Read the full interview here: Point Blank

  • Justice Michael Lee isn't mucking around — he's ordered McDonald's, Corrs and Shine Lawyers to explore using AI in three separate class actions. His message is blunt: stop paying armies of lawyers to do "mechanical" data-wrangling when a machine can do it cheaper: AFR

  • PE firms are still swarming the accounting sector despite KPMG’s audit scandal, and mid-tier firms are the real prize. Pemba, Fortitude and Mercury Capital all reckon the Big Four’s pain is the mid-market’s gain, betting on stability, recurring revenue and AI-driven efficiency to make these firms irresistible takeover targets: Capital Brief

  • A UK trainee solicitor took a second job at the Home Office and used his access to snoop on visa files linked to clients, relatives and mates. The Solicitors Disciplinary Tribunal handed him a 12-month suspension, extra practice conditions and a £41,350 costs bill: Legal Cheek

PRACTICE POINTS

Scheme book bloat

⚖️ M&A: ASIC has, for the first time, publicly called out the blowout in scheme booklet length. Average page counts have more than doubled since 2000, climbing from 183 pages to over 440. One draft explanatory statement reportedly ran to around 1,500 pages before ASIC's queries trimmed it back to roughly 500. Unlike prospectuses, there's no statutory ‘clear, concise and effective' standard for scheme booklets, but ASIC's point is unmistakable — companies should apply the materiality test properly, cutting duplicated or immaterial content, or risk queries that add real time and cost to deal: ASIC, HSF Kramer

⚖️ Disputes: In Zhong v Yang, the Victorian Supreme Court granted an ex-parte freezing order against non-party companies controlled by the defendants. The dispute concerns a joint venture to acquire and develop Australian properties through special purpose vehicles. Nichols J reaffirmed that freezing orders are a drastic remedy. Applicants need admissible evidence of a ‘good arguable case' and must usually give an undertaking as to damages. A risk of dissipation is more readily inferred where the evidence points to serious dishonesty — in this case, alleged unauthorised encumbrances and transfers. The order's value is capped at the likely maximum of the claim, interest and costs included, so plaintiffs can't overreach: Victorian Supreme Court

⚖️ Insolvency: Mawson Infrastructure, a US company registered as a foreign company in Australia, tried to terminate its own Australian winding up. The Federal Court said no. Once a liquidator is appointed, directors' powers are suspended under s 198G, even if those directors keep acting back home. That means Mawson couldn't bring the termination application itself. Only the liquidator can, though Mawson can apply for leave to support that application as an interested party. Justice Downes also flagged real-time cooperation with the US Bankruptcy Court, including a possible joint case management hearing. It signals that Aussie courts are getting comfortable coordinating directly with foreign counterparts on cross-border insolvencies: Corrs Chambers Westgarth

TOGETHER WITH LEGORA

Need a break in proceedings? Step away and join us for a breakout session.

Legora is taking over Kiosk Salvador Coffee at 33 Alfred Street in Sydney CBD, with coffee flowing and cinnamon buns for the first 100 guests each morning. First come, first served, because a bun this good is worth being early for.

Thursday, September 3, 8:30 to 11:00 am.

TALKING POINTS

Sparkie shortfall

Did you hear…

Data centres are paying junior electricians up to $200,000 through overtime, pulling tradies away from home building. With AI, housing and energy projects all competing for the same workers, Burning Glass Institute predicts the shortfall could hit over 5,400 electricians by 2028, with housing set to lose: AFR

Also…

Unis are taking a split approach with AI. Adelaide, Newcastle, Deakin and RMIT let staff use AI to help mark your work, as long as a human checks it before it goes out. UNSW, Melbourne and Sydney ban it outright, saying grading needs human judgment, not algorithms: AFR

DEAL ROOM

Property play

🏘️ Gilbert + Tobin and Clayton Utz are running Ingenia Communities' ~$1bn scheme to acquire ASX-listed developer Peet, creating Australia's biggest listed pure-play living sector platform. Peet shareholders cop 0.3367 Ingenia securities plus $0.68 cash each, a 21% premium: Point Blank

🙅 Pengana Capital has taken Wilson Asset Management to the Takeovers Panel, trying to stop WAM's stake in Pengana International Equities creeping past 20%. Pengana says the fund's buy-back booklet was deficient and conflicted: Capital Brief

💰 Wiluna Mining is filing next week to relist on the ASX at around a $500m market cap. Argonaut and Barrenjoey are targeting $160m to $200m at 65c to 85c a share, with proceeds repaying creditors: AFR

SECTOR SNAPSHOT

Uber culls

DIGGERS

🚜 BHP commercial chief Rag Udd has quit for an overseas CEO gig, just months after being passed over for the top job in favour of Brandon Craig. The near three-decade veteran leaves on 31 January, in a fresh sign of the post-succession shake-up rattling the miner's leadership ranks: The Australian

FIN

🏦 HSBC is putting $20bn in Aussie deposits up for grabs, with Citi running a quiet auction as the bank completes its exit from retail banking after four decades. CBA and Westpac are already circling HSBC's mortgage customers, while HSBC pivots to chasing corporate megadeals instead: AFR

RETAIL + REAL ESTATE

🏠 Property developer Bathla Group has collapsed owing $3.3bn to over 40 private credit funds, as Sydney's housing correction squeezes builders. Several lenders have capped withdrawals to contain the fallout, reigniting concerns about real estate's 60% share of Australia's $200bn private credit market: Bloomberg

TECH + STARTUPS

📱 Uber is cutting 3,300 jobs, or 10% of its workforce, slashing management layers by 20% to free up cash for growth. Meanwhile, Atlassian will start charging customers for excess AI usage from December 3. Customers will pay US 1c per credit once they exceed their limit: Capital Brief, AFR

P.S.

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