👋 G’day

Welcome back to another day of insights

Today’s brief:

  • Law school fees climb 56%

  • Lehrmann kicks off appeal

  • CJ warns against activism

Here’s your latest 👇

PRACTICE POINTS

Board shake-up

  • APRA has floated new governance rules for financial institutions, with some warning of stricter compliance, while others see a push for stronger principles. The reforms come as debate grows on what makes boards effective. Minters says high-performing boards don’t just tick compliance boxes, they balance risk with strategy, keep communication lines open, and invest in ongoing development. The chair’s role is critical, shaping culture inside and outside the boardroom. Strong infrastructure, like clear board papers, effective committees, direct management access also makes or breaks performance. With APRA sharpening its lens, boards that prioritise diversity, skills mix, and continual learning will be better placed to navigate regulatory pressure: MinterEllison

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  • The ACCC has launched an investigation after a designated complaint that energy retailers may be misleading consumers by promoting plans with “savings” that don’t exist. The ACCC will examine plan names, “Better/Best Offer” bill messages, and the use of identical plan names with different rates, which risk confusing customers and discouraging cheaper switches. Deputy Chair Catriona Lowe said penalties may follow if the conduct breaches the Australian Consumer Law. This is only the second complaint under the new designated complaints framework, which requires the ACCC to respond publicly within 90 days: ACCC

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  • The NSW Court of Appeal stressed the importance of getting the clock right. A payment claim served after business hours is still served that day, pursuant to the Security of Payment Act. In Roberts Co v Sharvain, a claim emailed at 7.18pm Friday kicked off the clock immediately. Any contractual clause deeming after-hours service to the next business day can’t override the Act. The upshot: miss the statutory timeframe and the full claim becomes payable. The Court stressed a “day” means 24 hours, not fractions. The decision leaves open whether deeming clauses are void across the board, but for now, contractors should assume the Act rules supreme and track deadlines accordingly: HSF

WORD ON THE STREET

Corrs poaches again

  • Corrs Chambers Westgarth has snatched Ben Macdonald from G+T, just two weeks after luring corporate advisory head Tim Gordon. Macdonald, a cross-border M&A specialist, joins Corrs' 30-strong M&A team after advising on major deals for Orica, Cleanaway and Neptune Energy. It’s another strike in Corrs’ push to dominate corporate advisory in Melbourne: AFR

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  • A self-rep accused MinterEllison of trying to coerce a witness in a sexual harassment suit against the WA Dept of Justice. A Fed Court judge quickly shut those claims down. The former prison officer alleged that the firm was sending “unsolicited emails, coercive questions and misleading privilege.” But Justice Darren Jackson found no misconduct, calling the firm’s contact neutral and appropriate: Lawyerly

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  • High Court CJ Stephen Gageler says judges must “do law and only do law” to avoid being seen as partisan, warning that trust in judiciaries worldwide is slipping. Speaking at an event in WA, he urged judges to stick to “orthodox legal method” rather than activism. Gageler also flagged AI’s potential to disrupt legal reasoning, saying he is “gravely concerned” about its impact on the system: The Australian

TALKING POINTS

Lehrmann's appeal kicks off

  • Bruce Lehrmann is back in court. This time, he is appealing the Federal Court ruling that found, on the balance of probabilities, he sexually assaulted Brittany Higgins, meaning he wasn’t defamed by Lisa Wilkinson or Network 10. His lawyers argue Justice Michael Lee misconstrued the definition of rape, denied him procedural fairness, and that the broadcast alleged a more violent assault than Lee’s findings. The three-day appeal starts today: The Guardian

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  • UK Police underwent a month-long sting where plain-clothed officers posed as joggers to target street harassment. They ended up arresting 18 people. While catcalling isn’t a crime on its own, some incidents were charged as harassment, sexual assault and theft. Critics, including the Free Speech Union, called it a waste of resources, but police say nearly 50% of local women report such behaviour: TDA

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  • Law is now the most expensive field of study for domestic students, with annual fees climbing to $17k in 2026, up from $11k in 2020 – a 56% hike under the Job Ready Graduates scheme. That pushes a four-year degree past $70k. For international students, the bill is even steeper, with law at $56k a year, nearly 4x the government’s $13k minimum: The Australian

DEAL ROOM

Time kills deals

  • Santos: is testing investor patience as its $30bn ADNOC-Carlyle bid drags, with exclusivity extended to 22 Aug and half-year results pushed to 25 Aug. XRG, the bidding vehicle, says royal family sign-off in Abu Dhabi could take weeks, echoing ADNOC’s stalled Covestro tilt. With Santos shares slipping 2.6% to $7.75, the fear is simple: time kills deals: The Australian

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  • Nine: is weighing a $60m sale of its talkback radio arm, with exec Amanda Laing spotted lunching with SEN boss Craig Hutchison. A straight sale to SEG could be tricky though – media laws cap ownership at two radio licences per metro market. With Nine holding 2GB, 3AW, 4BC and 6PR, and SEN already active in those cities, a partnership might prove more viable than an outright buy: AFR

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  • Peabody: has officially walked from its $3.8bn bid for Anglo’s Bowen Basin coal mines, blaming a fire at Moranbah North as a material adverse change” Anglo isn’t buying it, calling the termination wrongful and moving to arbitration for damages. The mines stay on the block, with Anglo vowing to restart the sale process: Reuters

SECTOR SPECIFIC

Rinehart mine in jeopardy

🚜 DIGGERS
  • Gina Rinehart’s Roy Hill mine may sit on tenements that were never validly granted, thanks to a precedent set by – who else but Andrew Forrest. His 2017 High Court win means late-filed reports can void leases, and Roy Hill’s 2009 paperwork was months late. A fix has never come, leaving a legal cloud. A real challenge is unlikely, but not impossible: The Australian

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  • BHP is warning it could mothball coal mines in Queensland if the state’s “extreme” royalty regime persists, after its BMA venture copped a 67% effective tax rate and a $2bn earnings hit. Treasurer David Janetzki says no relief is coming before 2030. With 9,000 jobs on the line, BHP’s focus is shifting west, where iron ore demand stays strong: The Australian

🏦 FIN
  • ANZ has hired ex-PEXA and Westpac exec Les Vance to lead its enforceable undertaking and risk overhaul. With APRA forcing ANZ to hold $1bn in extra capital after compliance failures, and ASIC probes still running, Matos is stacking his team with heavyweights to steady the bank’s governance: AFR

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  • RBA has hit back at CBA boss Matt Comyn, saying interchange fees aren’t meant to fund frequent flyer points. The central bank’s push to cut caps could save $1.2bn for small merchants, even if it trims rewards. Banks can still fund loyalty schemes, but not by slugging retailers. Submissions close Sept 9, with final rules due by year-end: AFR

🏠 RETAIL & REAL ESTATE
  • Woolies has expanded its ‘lowest shelf price’ campaign to nearly 700 staples, promising shoppers savings of up to $110 a basket. CEO Amanda Bardwell says it’s about long-term price certainty as the supermarket war with Coles and Aldi heats up. With full-year results due next week, investors are watching if discounting shifts market share: The Australian

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  • Renewables are powering a regional construction boom, with spend tipped to surge $23bn (19%) by 2027, twice the growth forecast for capitals. Wind, solar, batteries and transmission projects are driving the lift, alongside LNG in WA and Qld. Macromonitor says the pipeline is part of the $160bn investment needed for net zero, with Shepparton and Gippsland emerging as key hubs: AFR

📱 TECH & STARTUPS
  • Blackbird has revalued its stake in Canva up 14.5%, adding $8.2bn to the design giant’s worth after rival Figma’s blockbuster Nasdaq float. The uplift puts Canva at about $64.6bn, cementing it as Blackbird’s crown jewel. A staff secondary sale looms, giving early employees a taste of that paper wealth while investors keep speculating on an IPO: AFR

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  • UNSW has launched Barker Street Ventures, a new platform letting alumni back deep tech spinouts in quantum, AI, life sciences and defence. Inspired by Ivy League funds like Harvard’s Yard Ventures, it’s meant to bridge the dreaded “valley of death” between research and commercialisation. Alumni won’t just invest—they’ll bring board seats, networks and global dealflow: Capital Brief

P.S.

Till next time,

-Team PB

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