👋 G’day

Welcome back to another day of insights

Today’s brief:

  • Gageler rebukes Steward in court

  • Rio settles Mongolian lawsuit

  • Uploading ain’t disclosure

Here’s your latest 👇

PRACTICE POINTS

Data room is not enough

  • The Federal Court’s Bridging Capital decision is a wake-up call for M&A sellers: simply uploading documents to a data room won’t cure misreps if they’re not clearly flagged to the buyer. The court said buyers shouldn’t be expected to trawl dense data rooms for info that materially impacts price. The ruling doesn’t scrap Aussie norms — but sellers, be specific or be liable. G+T gives the rundown: G+T

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  • On top of the new Privacy Code, Australia’s statutory tort for serious invasions of privacy is also now in force. It gives individuals the right to sue for intrusions into seclusion (e.g. surveillance, recordings) or misuse of their personal info, even outside the Privacy Act. The threshold? Intentional or reckless conduct that’s “serious”, with a reasonable expectation of privacy and no need to prove actual damage. Remedies include injunctions, declarations, account of profits, and capped non-economic damages (up to $478.5k). Reckless doxxing, data misuse or privacy breaches could all be caught: HSF Kramer

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  • The OAIC has dropped its Issues Paper on the upcoming Children’s Online Privacy Code, aiming to tighten how the Privacy Act applies to services accessed by kids. It’ll cover social media, messaging apps, games and streaming, with new rules on age-appropriate privacy notices, accessibility of privacy policies, stricter consent standards and restrictions on using children’s data. Once in force, breaches will trigger civil penalties, OAIC enforcement and even class actions, thanks to the new section 80UA direct right of action. The Code’s not law yet. Drafting kicks off in 2026, but regulators are already circling: KWM

WORD ON THE STREET

High Court tussle

  • There’s drama at the High Court. Chief Justice Gageler delivered a rare public dressing-down of Justice Steward, accusing him of disrespecting precedent and undermining the court. In the CFMEU case, Gageler said Steward’s ongoing campaign to axe the implied freedom of political communication ignored 30 years of settled law and flouted the “institutional imperative” to respect past decisions: Capital Brief

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  • Hall & Wilcox has promoted a record 76 people, including 11 new partners across six offices. It’s the firm’s biggest partner intake to date. The promotions reflect growing national demand in commercial and insurance, with new partners spanning tax, corporate, litigation, and statutory insurance. The firm now boasts 150+ partners across eight offices: Hall & Wilcox

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  • After 17 years at Baker McKenzie, Aylin Cunsolo has joined Ashurst as a partner in its projects and energy transition practice in Melbourne. With prior stints at Origin Energy and deep expertise in energy regulation and renewables, Cunsolo’s move adds firepower to Ashurst’s growing projects bench: LawyersWeekly

TALKING POINTS

Youth crime surges

  • Crime in Victoria has surged 15%, with youth offenders behind most robberies and car thefts, police say. The state recorded over 627,000 offences in 12 months, the highest since records began. Cost-of-living pressures are fuelling a rise in theft, while new bail laws and penalties for ‘posting and boasting’ on social media are being rolled out to curb repeat offending: Guardian

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  • The world-first social media ban for under-16s is a step closer, after a government trial found age checks are technologically feasible. Despite pushback from Meta, TikTok and Snap, the trial showed tools like facial scans and behaviour-based verification can work without compromising privacy. The law could kick in by year’s end, and may set a global precedent: Bloomberg

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  • Australia lost 2,500 jobs in May, defying forecasts of a 21,200 gain, with the drop driven by fewer part-time roles. Unemployment held steady as labour force participation dipped, signalling a softening jobs market — and giving the RBA more reason to cut rates: Yahoo Finance

THE TREASURY

ASX as at market close. Commodities and crypto in USD.

DEAL ROOM

TikTok’s third out

  • Trump: will extend TikTok’s US sale deadline again, this time to mid-September, giving ByteDance 90 more days to divest. Despite legal doubts and two past reprieves, the app’s popularity with young voters seems to be keeping it alive—for now. A deal’s still stalled, with China pushing back on Trump’s tariffs and sale demands: Reuters

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  • United Tractors: may have walked away from the $2bn Ravenswood gold mine deal, but it's not done with Australia. The Indonesian mining giant was the last bidder standing before opting out, and sources say it's still scoping other local resources plays: The Australian

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  • CC Capital’s: $5-per-share tilt for Insignia is still alive, despite Bain walking away post-due diligence. The talks are ongoing, fluid, and without a clear deadline. Insiders say a lower price might still get up, given board uncertainty and patchy shareholder alignment: MergerMarket

SECTOR SPECIFIC

NAB cops record fine

🚜 DIGGERS
  • Rio Tinto will fork out $213m to settle claims it duped investors over delays and budget blowouts at its Mongolian Oyu Tolgoi mine. The lawsuit said Rio knew the $5.3bn expansion was in trouble but kept quiet. It’s a hit to the hip pocket and reputation as Rio still faces a separate Mongolian bribery case in London: Capital Brief

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  • Santos is trading 12% lower to the UAE’s takeover bid as investors brace for FIRB blowback. Jim Chalmers says his call will hinge on the “national economic interest”, with K&L Gates warning the deal sits squarely in FIRB’s high-risk zone. Post-2021 rules mean more rigorous scrutiny of foreign bids, especially ones with strategic or national security implications: The Australian

🏦 FIN
  • NAB’s been fined $751k—the biggest penalty yet for breaching Consumer Data Right rules. The bank provided inaccurate credit card limit data to fintechs. NAB says the issue is now fixed, but it’s a warning shot: the ACCC’s cracking down, with BOQ, ING, and HSBC already hit in recent years: Broker Daily

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  • More executive shuffle at ANZ. Maile Carnegie is out as ANZ’s retail boss, just weeks after new CEO Nuno Matos publicly slammed the sluggish rollout of ANZ Plus and the Suncorp Bank migration—both led by Carnegie. She’ll exit July 1 to pursue board roles, with Suncorp CEO Bruce Rush stepping in as acting retail lead: The Australian

🏠 RETAIL & REAL ESTATE
  • Kathmandu-owner KMD, Cettire and even David Jones are now under pressure as investors shun equity raisings and lenders step in. KMD copped a 50% earnings downgrade, Cettire’s cash is drying up, and DJ’s reportedly extended supplier payment terms. Retail players are now bracing for tighter lending controls: The Australian

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  • Western Sydney developer Bathla Group has racked up $2.7bn in borrowings but had just $6.5m in cash at the end of FY24, ASIC filings show. Backed by Alceon ($600m exposure), Bathla insists it's compliant with lender terms, but private credit funds are reportedly steering clear. One MP called its Schofields project the “worst developed property in NSW.”: AFR

📱 TECH & STARTUPS
  • Databricks co-founder Arsalan Tavakoli says talk of AI wiping out half of all junior office jobs is “alarmist”. He’s pushing back on Anthropic’s Dario Amodei, who warned of 50% job losses and 20% US unemployment. Tavakoli reckons AI will shift work, not destroy it, and the real task for governments is upskilling, not panic: Capital Brief

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  • Richard White’s oldest allies, Charles Gibbon and Michael Gregg, are quitting the WiseTech board, months after a governance crisis triggered mass resignations over White’s controversial return as executive chair. Gregg had only just rejoined as lead independent. In their place, Sandra Hook and Rob Castaneda have been tapped to help steady the ship: The Australian

P.S.

Till next time,

-Team PB