
Gβday.
Welcome to Point Blank β Happy hump day.
Itβs coffee and newsletter time β hereβs what you need to know π
πΌ Practice Points
In what could be a significant decision, a Victorian county court recognises invasion of privacy at common law and awards a woman $30,000 after her father spoke to the media about surviving a murder attempt orchestrated by her mother, with such information disclosed in a joint counselling session. Woahβ¦
Acknowledging that wrongdoings of privacy historically fall within the breach of confidence equitable doctrine, Tran J posited, βit is better viewed as separate and distinct from the action for breach of confidenceβ.
But while not a separate tort, it is the βrecognition of the bifurcation which has developed in relation to the action known as breach of confidenceβ between (1) actions that protect confidential trade information, and (2) actions that βprotect human dignity in privacyβ. Tran J renames category 2 as βan action for invasion of privacyβ.
Employers bewareβemployees who sustain injuries while WFH can claim workersβ comp. An employee tripped over her pet fence (erected unbeknownst to her employer) while going to her kitchen for a coffee break. As coffee breaks were authorised and encouraged by her employer, the break was deemed during her employment.Β
Turns out, insurers canβt be trustedβthe Federal Court found that a βpre-existing conditionβ term in certain HCF Life Insurance policies could mislead the public.Β This term allowed HCF Life to deny coverage if a customer did not disclose, or was not even aware of, a pre-existing condition. As this condition breached the Insurance Contracts Act, theΒ Federal Court found that it misled consumers by making it seem like HCF had broader rights than it actually did under the Act.
π’ Talking Points
Defence spending ramps up, with the Australian Government investing A$21 billion in domestic missile and munitions manufacturing over a decade in the face of a regional arms race.
As the dust settles on the pandemic, a COVID-19 inquiry comments on the fallout from Australiaβs response: heavy-handed, inconsistent pandemic restrictions shattered public trust, and the economic response fuelled inflation. The governmentβs next challenge? Rebuilding trust and prepping for future crises.
With Halloween around the corner, hereβs a spooky stat for you: Sydneyβs median house price has soared to a chilling $1.65m. But fear not, the rapid growth is finally cooling off, giving buyers a fighting chance.
Donald Trumpβs rally at Madison Square Garden drew a hefty crowd, packed with celebrities, despite being criticised as reminiscent of a 1939 pro-Nazi protest. More controversy struck when out-spoken comedian Tony Hinchcliffe blasted Puerto Rico as a βfloating island of garbageβ β Trumpβs response βI donβt know him, someone put him up thereβ. Weβre less thanΒ a week from the election,Β and Kamala Harrisβ lead over Trump has narrowed toΒ less than 1 percentage pointΒ nationally, setting the stage for a nail-biting finish in the battleground states.
π¦ The Treasury
Sharemarket fell lower this morning, ahead of key inflation data to be released that will be pivotal in RBAβs decision to cut rates.
Inflation hedges still bear fruit, as Bitcoin tops US$73.5k overnight, just shy of a new record high. Gold continues to shine with a new high of US$2.8k an ounce.

ASX as at market close. Commodities and crypto in US dollars.
π€ Deal Room
Flight Centre Travel Group wedges up its market share with the new acquisition of Manchester-based Cruise Club UK. The cash-funded private deal has no disclosed price tag but Club records Β£20 million ($40 million) turnover.
Australian Ethical Investments and privately owned Future Super have been in on-and-off talks about a potential merger but have not yet seen eye-to-eye.Β Sources say the deal structure may involve Australian Ethical offering scrip to essentially reverse list Future Super onto ASX.
The sale of Rex is looking more tenuousβwith buyers requiring to splash out $300m to cover Rexβs debts, a government bail-out is on the cards. Yay for taxpayers.
In other sky travel news, Dexus is offloading a 9.7% stake in Melbourne and Launceston airports, marking Australiaβs 4th airport sell-down in 2024.
π§ Wednesday Wisdom
βThe best time to plant a tree was 20 years ago. The second-best time is now."
π Sector Specific
Diggers
Pilbara Minerals has slashed its FY25 guidance and placed its WA Ngungaju plant on care and maintenance as lithium prices continue to eat into the minerβs revenue.
Gina Rinehart scores a $2.8bn iron ore payday in the latest $4bn dividend from mining giant Roy Hill, where Hancock Prospecting controls 70% of the operations β a big win for the rich. Despite the new deep pockets, Rinehart warns the industry is under threat of competition from other nations due to government tape and bureaucratic cost burdens.
A worker has been killed at Rio Tintoβs iron ore project in Guinea, making it the companyβs fifth death in 2024, raising serious concerns about its safety standards.
MinResβ board was first informed of Ellisonβs tax evasion scandal in June 2022, more than two years before the scandal was leaked.Β The ASX threatened to suspend trading until MinRes explained why it didnβt disclose the scandal. The boardβs excuse was that it βdid not consider these matters to be materially price sensitiveββ¦ MinResβ stock price is down 20% since the scandal came to light, and is the 7th most shorted stock on the ASX.
In the Santos / ACCR trial, the court heard evidence on an email from Santosβs ex-head of sustainability raising concerns about the companyβs βmehβ attitude towards emissions cuts, while former Santos exec Brett Woods insists that Santos was always fully committed to net zero. Yet, Santosβ lawyers contend that activist demands deter companies from attempting to decarbonise.
Fin
In a sweeping audit shake-up, ASIC has warned 3000 auditors to self-report any conflicts of interest or dodgy accounts. Those who donβt will find ASIC knocking at their door.
Aussie Superβs CIO Mark Delaney says the $1.1b loss on education start-up Pluralsight still hurtsββIβm not a geniusββbut with $340b for 3.4 million Aussies on the line, heβs taking notes and moving forward.
Tech & Media
The rumour mill says that WIN Television-backed Andrew Lancaster or acting CEO Matt Stanton will ascend as Nineβs new CEO.Β Meanwhile, pressure mounts for Nine chair Catherine West to step down after revelations of the companyβs questionable culture.
Remember the CrowdStrike global, crash which caused the βblue screen of deathβ? CrowdStrike and US airline Delta are now suing each other over the outage. Delta claims that CrowdStrike forced faulty and untested updates on its customers, causing 7000 flight cancellations, which cost the carrier more than US$500m (A$761m). While CrowdStrike denies causing the harm, Delta claims.
ποΈ Word on the Street
A recent study found that almost 1/3 of Aussie lawyers are BYO-ing personal AI tools like Chatork because their firms still havenβt rolled out official AI assistants, opening the door for Medibank-style data breaches.
R&I partner Katie Hiwillin will leave Jones Day for Clayton Utz at a time when formal insolvencies are at record highs.
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