👋 G’day

Welcome back to another day of insights

Today’s brief:

  • KPMG revenue slashed by Defence

  • VicBar defends snail judges

  • Coffee price spike inbound

Here’s your latest 👇

PRACTICE POINTS

AGM countdown

  • With FY25 wrapped, listed companies should already be prepping for AGM season. The 13-week countdown is on. ASX requires at least 5 business days to review notices containing Listing Rule resolutions, and ASIC must receive related party resolutions in final form 14 days before issue. Add time for approvals, dispatch and shareholder notice periods, and you’ll need a solid draft by late September. Here are ASX and ASIC’s key focus areas:

    • ASX's May 2025 Compliance Update reminded issuers that to access the extra 10% placement capacity under Listing Rule 7.1A, notices must include a detailed dilution table and a clear allocation policy. ASX also says that prior issues still need separate ratification under Rule 7.4.

    • ASIC’s 2024 updates flagged common traps in related party approvals. Key reminders: Chapter 2E approvals must be used within 15 months; boards must provide clear and company-focused reasons for their recommendations; and notices must be lodged in final form (aka no drafts, no “confidential” watermarks, and no placeholders): HopgoodGanim

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  • The Federal Court has hit ACBF Funeral Plans with a $3.5m penalty for falsely claiming it was Aboriginal-owned or managed… when it wasn’t. The Court found the conduct was deliberate, callous and egregious, targeting Aboriginal consumers. This follows a $1.2m penalty in 2023 for a separate misrepresentation about lump sum payments, bringing total fines to $4.7m. ASIC’s Joe Longo called it a clear deterrent and reaffirmed ASIC’s focus on protecting First Nations communities. ACBF is in liquidation, so ASIC must seek court approval before enforcing the penalties: ASIC

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  • HSF Kramer’s latest Private M&A Report shows a surge in earnout and contingent consideration structures as buyers and sellers try to close valuation gaps. But the ATO’s view can sting: sellers may be taxed upfront on the earnout’s market value, even if no future payments land. Buyers, meanwhile, may struggle to get full tax cost recognition. While the look-through earnout regime can help, it only applies to qualifying deals, and many don’t make the cut. HSF Kramer gives a rundown: HSF

WORD ON THE STREET

Defence ditches KPMG

  • Federal spend with KPMG has plummeted from $303m to $106m, driven by Defence cuts and a wider consultant crackdown. Once topping $500m in 2022, KPMG is now facing a two-year advisory slump, slashing over 1,000 staff as part of an $80m cost-cutting push: AFR

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  • The Victorian Bar has pushed back at the AFR’s court stats piece, which branded some Supreme Court judges as slow. VicBar says stats don’t tell the full story, pointing to understaffing, 60+ class actions, and state underfunding. The Commercial Bar Association echoed the concern, warning the system’s pressure risks judge wellbeing and business confidence: Lawyerly

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  • Trump is on an unbroken losing streak. The President’s executive orders targeting Big Law for hiring lawyers he dislikes have lost in court 4-0, with judges slamming them as retaliatory and unconstitutional. Four firms fought and won. But eight firms caved, agreeing to nearly $1bn in pro bono work, and are now facing blowback from clients, students, and even judges: Politico

TALKING POINTS

Tariffs hit coffee

  • Watch out…$8 coffees on the cards. Trump’s proposed 50% tariff on Brazilian beans has rattled the global market just as coffee prices were already peaking. Some experts now warn a $7–$8 flat white isn’t far off, thanks to a perfect storm of tariffs, bad weather, and rising café costs. Even with home espresso sales up 40%, Aussies aren’t ready to give up their morning ritual: AFR

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  • Dr Google ChatGPT? More patients are turning to ChatGPT for second opinions, and sometimes beating their doctors to the diagnosis. After 17 doctor visits failed to help her son, Courtney Hofmann turned to ChatGPT. It nailed the rare tethered cord syndrome diagnosis in minutes. AI tools are rapidly becoming medical allies, with some med schools teaching grads how to use it. Harvard's Bernard Chang says you wouldn't want a doctor who doesn't use AI: The Wired

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  • It’s time for everyone’s favourite Bitcoin investor friend to pop out. Bitcoin ETFs just overtook gold for Aussie investor inflows, with $87m poured in last month vs just $1.5m for gold. But the trend's being led by older first-timers and SMSFs, despite warnings the party may be over (or so they say). Bitcoin’s now less volatile and less likely to boom overnight. Meanwhile, gold’s still racking up gains. We’re talking up 30% YTD: The Australian

THE TREASURY

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

DEAL ROOM

Betashares’ bet

  • Betashares: is merging its $3bn managed account biz with InvestSense’s $5bn platform, forming a new firm called Trellia Wealth Partners. It’s Betashares’ biggest move yet beyond ETFs and comes hot on the heels of its Equity Mates buy: AFR

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  • Humm: three weeks on and Andrew Abercrombie still hasn’t got data room access for his $286m tilt at Humm, leaving his takeover in limbo. The four-week due diligence clock’s ticking, but Humm’s committee hasn’t even picked a defence adviser yet. Humm shares are trading above the 58¢ bid, signalling hopes for a bump or rival bidder. Minters acts for the bidder: AFR

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  • Pacific Equity Partners: $1.1bn buyout of Johns Lyng is just the start. Insiders reckon the firm’s eyeing more bolt-ons - it's betting more storms and floods will drive up demand for repair work, making Johns Lyng a natural consolidator. PEP’s also betting on global upside, with Johns Lyng’s US footprint ripe for growth: The Australian

SECTOR SPECIFIC

Bitcoin breaks $120k

🚜 DIGGERS
  • Murujuga rock art near WA’s gas hub just scored UN World Heritage status, forcing the government to safeguard it. The site holds over 1m of ancient petroglyphs across 100,000 hectares and may include the oldest human face ever carved. It’s a landmark moment for Indigenous heritage protection, with regulatory implications for nearby gas projects: Bloomberg

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  • Rio Tinto says it's keen to pump more capital into US copper, off the back of Trump’s 50% import tariffs. Its Kennecott smelter’s already one of just two in the country, and its stalled Resolution Copper JV with BHP is gaining momentum. The miner is staying quiet on the size of possible investments: Mining Weekly

🏦 FIN
  • Bitcoin smashed past US$120k for the first time, riding a wave of investor hype as US lawmakers prep to debate pro-crypto bills. On the agenda: stablecoin regulation, crypto trading rules, and blocking a Federal Reserve digital dollar. It’s all part of what Republicans are dubbing ‘Crypto Week’, and markets can’t get enough of it: Capital Brief

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  • CBA’s fighting a dismissal claim after using facial recognition login data to reject a $500 disputed payment and sack the employee for alleged fraud. The case revealed the bank cross-checked facial logins to tie users to payments, despite claiming it doesn’t store biometric data. It’s raised fresh privacy questions as the unfair dismissal fight drags on: itnews

🏠 RETAIL & REAL ESTATE
  • Macquarie Data Centres has locked in a $240m land deal for a future 150MW Sydney campus, aiming to power long-term demand with staged builds. It’s next to a key substation and within an existing availability zone. Construction won’t kick off for a few years, but funding options (like project finance and infra investors) are already on the table: Capital Brief

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  • The Living Company has snapped up a Waterloo site for $32m to develop a $150m, 300-room student housing complex, backed by its global pension fund investors. It’s betting big on a rebound in student demand despite policy noise, and warns that NSW tenancy laws are still lagging behind what providers need to make projects stack up: The Australian

📱 TECH & STARTUPS
  • Canva shares are popping up on US secondary markets like Forge and Hiive, with prices hitting US$3k despite the company banning off-platform trading. Investors are circling ahead of an IPO, but most listings are common stock, not the preferred shares VCs hold. The demand for the unicorn’s float is mounting: Capital Brief

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  • Some Aussie investors are still chasing scraps after FTX’s collapse, despite being told they'd get all their money back. One Victorian lost his $200k house deposit, only to be told he might get $12k. The main hurdle? Onerous “know your customer” checks. He says FTX wanted five years of income, then ghosted him for six months… The Australian

Till next time,

-Team PB

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