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👋 G’day

Today’s brief:

  • KPMG tells its lawyers incomplete story

  • South Aus will run an AI royal commission

  • Sparke Helmore launches AI for government

Here’s your latest, PB #{{join_number}} 👇

WORD ON THE STREET

Hidden evidence

KPMG told Ashurst the whistleblower gave only "high-level information", so its lawyers found he had not provided sufficient detail for his claims to qualify as protected disclosure. But KPMG had secretly downloaded documents on 15-plus complaints from his computer — evidence it later used to fine three partners. Parliament has now published the Ashurst and Allens reports, exposing the gap between what KPMG knew and what it told its own lawyers: AFR

  • Sparke Helmore isn't just lawyering anymore. The firm has teamed with Adaca to launch Trivity, an AI and digital transformation outfit for government and regulated clients. It’s all Aussie-hosted to dodge the sovereignty headache. Firms building their own AI, not just buying it, is quietly becoming the move: Point Blank

  • A barrister copped a reprimand from the NSW Bar Association after a 2023 criminal trial where he skipped bowing, rocked up late repeatedly, and peppered witnesses with leading questions. The Council found "persistent discourtesy". Two decades at the bar and still needs a refresher on courtroom manners… Lawyers Weekly

PRACTICE POINTS

No proof, no profit

⚖️ Disputes: In Atlanta Building Pty Ltd v Abela, the NSW Court of Appeal denied a builder's loss of profit claim entirely for lack of evidence. Atlanta failed to lead any evidence establishing the profit it would have made on the specific breached contract, instead relying on generalised industry profit margins to suggest what it might have earned. The Court held that wasn't good enough. Atlanta also hadn't proven its actual costs of completing the works, having simply asserted the contract price represented profit. The case confirms that while courts won't refuse damages just because quantum is hard to calculate, claimants still carry the onus of proving loss with relative precision, not guesswork: HSF Kramer

⚖️ Privacy: Privacy Commissioner Carly Kind has flagged that Australia's privacy laws may not be fit for purpose when it comes to smart glasses, most of which are made by Meta. With 80% of surveillance eyewear on the market carrying the Meta badge, Kind noted the Privacy Act only bites where a business collects personal info, leaving murky questions on consent for facial recognition and covert recording. Attorney-General Michelle Rowland has written to the OAIC flagging risks to women and children, confirming AI will feature in the next tranche of Privacy Act reforms. That tranche is expected to build on the OAIC's strengthened enforcement powers and higher penalties, with smart glasses now squarely in the regulator's sights: Lawyerly

⚖️ Corporate: ASIC has hit three Mainfreight Group entities, Mainfreight Distribution, Owens Group Australia and Mainfreight Holdings, with infringement notices totalling $594k for failing to lodge financial reports for FY25 by the 31 July 2025 deadline. Each company paid $198k. It's part of a broader crackdown: ASIC has now issued 27 infringement notices worth over $5m since August 2025, hitting names like Infrabuild, Mecca, Canva Group and Zara/H&M/Sephora retailers. Commissioner Kate O'Rourke has warned companies preparing FY26 reports to get audit and board approval processes moving early, with lodgement due within four months of financial year end: ASIC

TOGETHER WITH LEGORA

This week Legora, the collaborative AI workspace built with and for law firms and in-house legal teams, is turning Artistry Garden into Grounds of Appeal, a pop-up cafe where every coffee is free.

For two mornings only, Wednesday, 12 August and Thursday, 13 August, from 8.30 to 11.30 AM at One Farrer Place, Sydney CBD.

Flat white, long black, iced matcha. Whatever your order, it's covered. The Legora team will be there too, so come with questions about legal AI or come purely for the caffeine. No sign-up, no promo code needed. Consider this your summons.

Learn more about Legora here.

TALKING POINTS

AI royal commission

Did you hear…

South Australia is running a royal commission into AI, examining how it hits education, health, the electricity grid and the labour market, starting October 1 and reporting back by next July. Premier Peter Malinauskas says it's about setting "guard rails" before AI goes rogue. Three commissioners will be appointed, with OpenAI, Anthropic and Apple invited to weigh in: ABC, AFR

Also…

Jetstar and Qatar Airways nearly turned Sydney airport into a crash site on Sunday, the second scare in two weeks after last month's Qantas on-runway near miss. A Jetstar A320 braked hard after spotting a Qatar 777 being towed across its taxiway, injuring a crew member. The ATSB is now interviewing everyone involved: Bloomberg

DEAL ROOM

$36bn mandate

🏦 Mallesons is advising Blackstone on its $36bn purchase of HSBC Australia's home loan book, the largest mortgage portfolio sale globally and the biggest Aussie deal announced this year. Allens acts for HSBC, while Corrs landed the securitisation mandate: Point Blank

🎰 Tabcorp is snapping up BetMakers in a $267m scheme deal, worth 24 cents a share. BetMakers' board has recommended it through unanimously, with implementation targeted for Q3 FY27: ASX

🥝 Barrenjoey is in early talks to buy Craigs Investment Partners, the 42-year-old NZ stockbroker part-owned by TA Associates, as Barrenjoey chases a proper Kiwi foothold: AFR

SECTOR SNAPSHOT

Fortescue probe

DIGGERS

🚜 Fortescue has called in MinterEllison to investigate sexual harassment and bullying claims against a senior executive, adding to an existing Federal Court class action from workers at its WA camps. The $55bn miner insists the matter's "being treated extremely seriously". The accused hasn't been stood down and no findings have been made: AFR

FIN

🏦 AussieSuper is moving into financial advice, landing a licence and poaching Michelle Levy, the ex-Allens lawyer whose 2022 review urged looser advice rules for funds. It comes as the $410bn fund starts losing members to rivals, hoping new digital tools help retirees who can’t afford a financial adviser: AFR

RETAIL + REAL ESTATE

🏠 Treasury Wine Estates is tearing out Napa Valley vineyards to fix chronic oversupply, taking a fresh $558.4m hit that brings its US write-offs to roughly $1.3bn, its worst ever loss. It's now reviewing whether to sell its US vineyards altogether, though strong Penfolds earnings still lifted shares 8%: The Australian

TECH + STARTUPS

📱 Meta has released Glimmer, a 30-billion-parameter model that runs offline on a laptop, as Mark Zuckerberg champions open-source AI. Meanwhile, Macquarie and Singapore's GIC are teaming up with Anthropic to build data centres for Claude, forming a new venture called Theseus Infrastructure: Capital Brief

P.S.

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