👋 G’day
Today’s brief:
Ex-HWLE partner alleges age discrimination
Mushroom murderer appeal is underway
WA's top courts land three new judges
Here’s your latest, PB #{{join_number}} 👇
WORD ON THE STREET

Round two

HWL Ebsworth expelled partner Gregory Lewis in 2020. He first sued claiming improper purpose, and lost on appeal. Now he’s back with a fresh claim, alleging the firm dumped him because of his age, cutting him out of its planned IPO and his future income. HWLE tried to strike it out as an abuse of process. The Supreme Court said no. Trial’s next: Lawyerly
WA's top courts just got a shake up. Justice Stephen Lemonis steps up to the Court of Appeal, while Judge Tania Jeyamohan and barrister Steven Wong SC land on the Supreme Court. Wong swaps the bar for the bench under a year after taking silk, and Jeyamohan trades the District Court for the big leagues: Point Blank
A litigant got caught having cross-examination answers fed through his Meta smart glasses, and the judge tossed his evidence out entirely. Now England and Wales’ courts service, HMCTS, is banning the specs altogether, confiscating them at the door and returning them on the way out: Legal Cheek
PRACTICE POINTS

Double trouble
⚖️ Corporate: James Hardie can't catch a break. It's now the target of two rival shareholder class actions, headed for a ‘carriage contest’, where the Victoria Supreme Court must decide which case proceeds (and which plaintiff firm gets paid). Maurice Blackburn filed first, alleging Hardie should have corrected its 21 May 2025 FY26 earnings guidance once destocking and softening demand hit its North American business. Slater & Gordon's follow-up suit covers the same guidance but focuses on the 34% share price crash over two trading days after the 20 August 2025 downgrade, alleging misleading conduct and continuous disclosure breaches. Hardie says it will ‘vigorously defend’ the proceedings: Lawyerly
⚖️ Arbitration: The Victoria Supreme Court rejected a bid to resist enforcement of two arbitral awards. In Simple Investments v Bradley St Development, the respondents argued procedural unfairness after an arbitrator ruled on a misappropriation claim outside the agreed list of issues, then awarded $679,599 without first ordering an account of profits. Croft J held a list of issues isn't ‘an exam paper’ binding the tribunal. On quantum, the respondents never disclosed documents explaining the disputed payments or led evidence of their own, so the arbitrator was entitled to infer the money was misappropriated and award the full sum. Croft J found any deficiency stemmed from the respondents' own forensic choices, not a denial of a fair hearing: Victoria Supreme Court
⚖️ Employment/Insolvency: ‘Payday Super’ kicks off a new headache for directors. From 1 July 2026, employers are required to pay super within seven business days of each payday instead of quarterly, meaning businesses need to find an extra 12 to 15% in cash each month, more often if payroll runs fortnightly or weekly. Combined with rising minimum and award wages, that's a serious liquidity squeeze for thin-margin sectors like hospitality, retail and construction. The real risk for directors is personal. Safe Harbour protection under s 588GA requires employee entitlements, including super, to be paid on time. Miss that, and directors lose their shield against insolvent trading liability: Hamilton Locke
TALKING POINTS

Mushroom appeal

Did you hear…
Mushroom murderer Erin Patterson is appealing her convictions this week, with lawyers pointing to a "fundamental irregularity" during jury sequestering that they reckon should quash the whole verdict and force a retrial. Meanwhile the prosecution's cross-appealing, calling her 33-year non-parole period "manifestly inadequate": Bloomberg
Also…
NSW is first cab off the rank for the national gun buyback, with police expecting to collect up to 274,000 firearms from 2 November, nearly a year after the Bondi Beach attack. Payments range from $450 for air rifles to $1,000 for centrefire rifles and revolvers. Queensland and Victoria have knocked the scheme back entirely: TDA
DEAL ROOM

Plumbing play
🚿 Plumbing supply company Reliance Worldwide shares rocketed 24% after Brookfield lobbed an unsolicited $4.75-a-share cash proposal, a 31.6% premium implying a $4.1bn enterprise value. Reliance and Brookfield have entered a process deed, with HSF Kramer advising Reliance: Capital Brief, ASX
⚖️ Corrs Chambers Westgarth (Russell Philip and Jonathan Dos Santos) advised OceanaGold on its $776m scheme acquisition of ASX-listed Ausgold, with Baker McKenzie (Richard Lustig and Rick Troiano) acting for the target: Point Blank
⛏️ Glencore's October secondary ASX listing could see the mining giant crash the ASX100 within six months, according to JPMorgan, Barrenjoey and UBS analysts: Capital Brief
SECTOR SNAPSHOT

Teen mode


DIGGERS
🚜 BHP is fast tracking its $9.7bn South Australian expansion as data centre demand sends copper prices soaring, with CEO Brandon Craig eyeing the biggest construction phase in company history. FY26 profit jumped nearly a third to $18.29bn, but Craig's snubbing M&A, betting organic growth alone lifts copper output 50% by 2035: AFR, Capital Brief

FIN
🏦 AUSTRAC has referred hundreds of brokers, lawyers and accountants to police and the ATO, as suspected fraudulent home loans balloon to $4bn across Australia's five biggest banks. The regulator's writing to 143 lenders demanding tighter checks, with CEO Brendan Thomas warning charges are likely: AFR

RETAIL + REAL ESTATE
🏠 JB Hi-Fi shares tumbled 12.3% after a sharp July sales slump, with CEO Nick Wells blaming AI data centres for hoovering up memory chips and pushing computer prices up 50%. Add three rate rises and Chalmers' unpopular budget, and Harvey Norman, Myer and Wesfarmers all copped share price falls too: The Australian

TECH + STARTUPS
📱 OpenAI has launched ChatGPT for Teens, restricting chats on self-harm, violence and eating disorders while adding parental controls like Quiet Hours and sensitive-topic alerts. Meanwhile, TikTok is quietly building a peer-to-peer payments feature letting users send money via direct message: Reuters, Bloomberg
P.S.

