👋 G’day
Welcome back to another day of insights
Today’s brief:
HC boosts, while FWC under strain
AI law firm beats a trainee in court test
Full Court orders new harassment hearing
WORD ON THE STREET
High Court lifts, FWC lags

Chief Justice Stephen Gageler has hailed a big efficiency boost in the High Court’s 2024–25 annual report. The court decided 310 special leave applications and 47 appeals, with 42% of special leaves finalised within three months. That’s up from 20% last year. 99% were wrapped within six months, marking a major jump in the court’s turnaround time: High Court
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While the High Court is killing it, the Fair Work Commission is struggling. Unlawful dismissal claims have jumped 27% above average, with total cases at the Fair Work Commission on track to smash 50,000 this year. Justice Adam Hatcher said the surge was pushing the Commission beyond its current capacity, as lawyers and paid agents flood the system with low-merit claims. Employers warn it’s becoming “go-away money” territory: AFR
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The UK’s Channel 4 Dispatches pitted Garfield AI, the UK’s first SRA-regulated AI law firm, against a trainee solicitor in drafting a real court claim. The verdict? Garfield’s work was “acceptable in a court of law” and cost just £100 vs £1,080 for the human version. Founder Philip Young says the goal isn’t AI vs lawyers, it’s AI with them: NB
PRACTICE POINTS
Australia lags on arbitration
M&A/Disputes: Arbitration is fast becoming the default forum for M&A and private equity disputes overseas, but Australia is lagging behind. While institutions like the SCC, SIAC, HKIAC and LCIA report record-high post-deal caseloads, Australian deals still lean on litigation or expert determination. Globally, arbitration clauses now appear in 40%+ of M&A deals, offering confidentiality, finality and cross-border enforceability, particularly valuable in valuation and warranty disputes. For Australian dealmakers, consider drafting arbitration clauses early and educating insurers and boards on arbitral benefits. If Australia wants to stay competitive in cross-border dealmaking, maybe it’s time to treat arbitration as the new norm: Corrs Chambers Westgarth
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Evidence/Discrimination: The Full Federal Court has overturned the dismissal of a sexual harassment case against a former employer (and stepfather), finding the trial judge made significant factual and credibility errors. The Court held that the primary judge wrongly disregarded evidence showing Ms Kruger was heavily intoxicated and medicated, mischaracterised her conduct, and rejected key corroborative testimony. While Justice McElwaine would have awarded $230k in general damages outright, the majority ordered a rehearing. Maurice Blackburn Lawyers, acting for Ms Kruger, called the decision a vital affirmation of the need to treat survivors’ evidence with care and respect. Donnelly Law Group acted for the Respondent.
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Procedure: The Supreme Court of Victoria has launched a new expedited case list within its Commercial Court, designed to fast-track short or urgent business disputes. The list covers ‘short cases’ (ie, commercial matters needing three trial days or less) and ‘expedited cases’ requiring urgent hearings over two hours. Chief Justice Richard Niall’s notice says short cases should reach trial within six weeks of the first directions hearing, with counsel expected to be briefed early and trial plans ready. The move follows media scrutiny over slow judgment times, prompting collaboration between the Victorian Bar, CommBar and the Court to streamline procedures: Lawyerly
TALKING POINTS
Trump, Xi to meet

Donald Trump and Xi Jinping will meet next week on the sidelines of the APEC summit in South Korea, their first face-to-face since 2019. The talks aim to cool rising trade tensions over tariffs and China’s rare-earth export curbs. Trump, who’s threatened 100% tariffs if Beijing doesn’t back down, says he expects a “good deal” that leaves “everyone very happy.” Bloomberg
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FBI agents have arrested dozens, including Portland coach Chauncey Billups and Miami’s Terry Rozier, over mafia-linked schemes rigging poker games and NBA bets that allegedly netted millions. The FBI says games were fixed using hidden cameras and X-ray tech, while Rozier is accused of leaking insider info and even exiting games early to influence wagers. The NBA’s called it one of the sport’s “most brazen corruption scandals” in decades: ABC News
DEAL ROOM
Slice of Arnott
Premier Foods: the UK maker of Oxo and Saxa is eyeing Australian acquisitions, with speculation it could target KKR-owned Arnott’s meals division. The £1.6bn group has been scouting ambient and packaged food assets, aligning with KKR’s sale of Arnott’s soups, stocks and Asian operations: The Australian
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Takeovers Panel: chair Alex Cartel has warned parties to stop treating the panel like a “second-rate court,” after rejecting 20 of 35 applications last year. He says too many disputes now target share issuances and delistings - claims that aren’t within the panel’s remit. CEO Allan Bulman says costs may soon hit those who misuse the process: AFR
SECTOR SPECIFIC
Prime Super scandal

🚜 DIGGERS
Oil jumped nearly 5% overnight after the US slapped new sanctions on Russia’s Rosneft and Lukoil, forcing Chinese and Indian refiners to hunt for alternative suppliers. The move sent Brent crude to US$65.58 a barrel. Analysts say it’s a short-term squeeze, not a structural shift: AFR
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Woodside Energy’s shares jumped 3.5% after sealing a A$378m deal with US gas giant Williams, offloading 10% of its Louisiana LNG project and 80% of its Driftwood Pipeline. The move cuts project costs by $1.9bn to $9.9bn. CEO Meg O’Neill says the tie-up brings a strategic US partner and first-time LNG player into the fold: Capital Brief
🏦 FIN
A senior manager at $7.8bn fund Prime Super allegedly made unwanted sexual advances toward multiple staff, including touching a colleague’s thigh and giving her a “love letter”. The employee later claimed she was made redundant after reporting the harassment, alleging Prime failed to act on her complaints. The matter’s been settled confidentially: AFR
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McKinsey warns banks could lose US$170bn as AI tools prompt customers to move money out of zero-interest accounts, slashing their cheap funding base. With $23tn of deposits earning nothing, even a small shift could cut profits by 9% and push returns below the cost of capital. In short, AI could end the era of lazy deposits: FinExtra
🏠 RETAIL & REAL ESTATE
Lendlease’s retail fund is selling Erina Fair for nearly $900m to Fawkner Property, marking the biggest shopping centre deal in 15 years. The 112,000sqm Central Coast mall is Australia’s largest privately traded retail site, with Fawkner betting on mixed-use redevelopment to drive returns above 15% internal rate of return (IRR). The sale also helps Lendlease meet investor redemptions: The Australian
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Goldman Sachs is courting buyers for land-lease operator Lincoln Place, which could fetch around $1bn when its sale kicks off next year. Backed by Cerberus and ex-Mirvac execs Nick Collishaw and Ben Hindmarsh, the group owns 24 lifestyle communities across four states: The Australian
📱 TECH & STARTUPS
Atlassian paid Mike Cannon-Brookes $5.7m last year to use his private Bombardier jet, calling the setup “reasonable” and in shareholders’ best interests. The billionaire, who champions emissions cuts, says he uses sustainable fuels and carbon capture to offset travel: AFR
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Optus has axed key executives ahead of a parliamentary probe into its fatal triple-0 outage, with former interim CEO Michael Venter and CIO Mark Potter set to leave by March. Aussie Broadband’s Andy Giles Knopp will step in as CFO, while John McInerney joins as CIO. Singtel’s backing Rue, saying Optus’ “transformation takes time.” The Australian
JOB OPPORTUNITIES
P.S.

TGIF,
-Team PB


