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Today’s brief:

  • Probate disputes explode

  • High Court veteran joins the bench

  • Coles fight, the “case of the century"

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WORD ON THE STREET

SG to the bench

Former Commonwealth Solicitor-General Stephen Donaghue KC has joined the Victorian Court of Appeal, ending a nine-year run at the centre of the nation’s biggest constitutional fights. He’s appeared in close to 200 High Court matters, so many that “even AustLii gave up counting”. He used his first speech to warn that judicial legitimacy depends on public trust and to promise decisions that are fair, independent and efficient. And with social media and hate speech challenges looming, Canberra’s now hunting a successor for one of the country’s highest-paid legal gigs, $878k a year: AFR

  • Very much a first-world problem, but Kirkland & Ellis has quietly scrapped its ‘Kirkland Concierge’ service, the on-call errand team brought in via Circles by Sodexo back in 2018. Lawyers once used it for everything from booking holidays to snagging exclusive dinners, even buying dog “snow booties”: Legal Cheek

  • Ashurst has hired former HWL Ebsworth partner Carmen Boothman into its Perth restructuring team. Boothman represented the receivers of Brite Advisors, where a $106m shortfall was uncovered. The firm is clearly gearing up for more complex distress mandates: Ashurst

  • KPMG has surfaced at a “Play to Win” leadership trip in Las Vegas with the NRL, complete with golf and networking. The optics? Not ideal. The firm recently offshored 200 roles, cut 600+ jobs and saw revenue fall 4%, with advisory down 20%+: AFR

PRACTICE POINTS

High Court tests crypto

⚖️ Bitcoin: High Court to weigh in on whether Bitcoin is “property”. The High Court has granted special leave to Tasmanian crypto entrepreneur Adam Poulton to appeal a $50,000 damages award over a 2013 Bitcoin investment. Mr Poulton retained 10% of Bitcoin acquired for investor Jeff Conrad as a claimed service fee. Lower courts found that amounted to wrongful detention, awarding damages (less a $1,500 fee). The appeal will examine whether cryptocurrency is property capable of immediate possession: G+T

⚖️ Regulatory: AUSTRAC is ramping up for 2026. After naming digital exchanges, virtual asset providers and cash-intensive businesses as its 2025–26 priorities, it’s now in enforcement mode. The regulator launched civil penalty proceedings against Mount Pritchard District and Community Club, Castra Licensee and Princeton Securities. It issued infringement notices to Revolut and Cryptolink for late reporting. On top of that, AUSTRAC also ordered external audits for Binance Australia, Western Union, NT and QLD casinos, and Airwallex. The Government has also proposed new powers allowing the AUSTRAC CEO to restrict or ban high-risk services, including crypto ATMs, even without consultation in urgent cases: HSF Kramer

⚖️ Corporate/Governance: Where should directors focus first in 2026? Allens says four areas stand out. First, geopolitics: boards should challenge old assumptions about maintaining market access, securing supply chains and preserving capital flows, and test whether its strategy still holds in a less predictable world. Second, AI and cyber: treat them as core business risks, not IT issues, and build oversight that supports both innovation and resilience. Third, regulatory enforcement: with ASIC and AUSTRAC increasing scrutiny, directors need clear escalation pathways, unfiltered risk reporting and an environment for directors to probe management assurances. Fourth, climate: reassess targets, transition plans and disclosure settings as mandatory sustainability reporting takes effect: Allens

TALKING POINTS

Inheritance wars

Did you hear…

Inheritance wars are escalating. As $5.4tn passes from boomers to younger generations, succession disputes are surging - and getting uglier. NSW court-annexed mediations in probate cases jumped from 104 in 2021 to 735 in 2025. The average inheritance now sits at $706,806, typically landing between ages 55-59. Lawyers say rising house prices, blended families and “inheritance impatience” are fuelling claims: The Guardian

Also…

US Senate Minority Leader Chuck Schumer has announced “Virginia’s Law” to scrap the statute of limitations for federal civil sexual abuse claims. He announced the bill alongside family members of alleged victims of convicted sex offender Jeffrey Epstein, including the late Virginia Giuffre, saying abusers “cannot escape responsibility by running out the clock”. Republican support will be crucial: TDA

DEAL ROOM

Resources uptick

🚜 Genesis Minerals jumped 8% after launching a $639m cash-and-scrip bid for Magnetic Resources, offering $1.40 cash plus 0.0873 Genesis shares (25% premium). Meanwhile, Aeris Resources rose 4.9% after agreeing to acquire Peel Mining’s South Cobar copper project in a cash-and-scrip deal valuing Peel at $214m (46% premium). Hamilton Locke acts for Magnetic and Peel: ASX, The Australian

👵 Sweden’s EQT Partners is weighing a $2b IPO for retirement operator Metlifecare on the Australian and New Zealand exchanges. Macquarie Capital, Jarden and Forsyth Barr have been picked as JLMs. The business could fetch up to ~$NZ2.5bn equity value. A trade sale remains on the table, but a 1H listing is the front-runner: AFR

SECTOR SNAPSHOT

Supermarket fight

DIGGERS

🚜 Woodside Energy has tapped exec search firm Spencer Stuart to run the search for Meg O’Neill’s replacement, fuelling expectations of an internal promotion. With Scarborough nearing first gas and US expansion ramping up, the choice between operational, commercial or US-focused contenders will signal where the board sees the next growth lever: The Australian

FIN

🏦 Commonwealth Bank will cross-appeal in the High Court over its long-running AUSTRAC shareholder class actions, challenging findings on materiality and disclosure thresholds. While the Full Court found a breach, it knocked back damages. The High Court now gets to weigh in on causation and loss in securities class actions, with potentially wide fallout. Maurice Blackburn for the class action, HSF Kramer for CBA: Lawyerly

RETAIL + REAL ESTATE

🏠 The ACCC has opened its Federal Court case against Coles, alleging its “Down Down” discounts were “utterly misleading” after short-term price hikes. Coles says inflation and supplier cost pressures drove the increases. Johnson Winter Slattery is acting for the ACCC, with Allens representing Coles. Woolworths faces a parallel fight: The Australian

TECH + STARTUPS

📱 US Defence Secretary Pete Hegseth is reportedly weighing whether to label Anthropic a “supply chain risk” and scrap its US$200m Pentagon contract over restrictions on military use. Claude is currently the only model embedded in classified systems. A formal designation could force defence contractors to cut ties with Anthropic: Axios

JOBS

Associate, Melbourne

Dispute Resolution

Legal Counsel, Perth

Legal Counsel Regulatory & Disputes

P.S.

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