👋 G’day

Welcome back to another day of insights

Today’s brief:

  • Recruiter reveals traps when switching firms

  • PwC partner banned for false claims

  • Super fund snipes ASIC’s case

Here’s your latest 👇

PRACTICE POINTS

Optus’ court showdown

  • The Australian Information Commissioner has launched Federal Court civil penalty proceedings against Optus over the 2022 cyberattack that exposed personal data of 9.5 million Aussies (including the author of this great insight – full disclosure). The AIC alleges serious privacy breaches under s 13G of the Privacy Act 1988 (Cth), citing failure to take reasonable security steps between 2019–22. Each alleged contravention carries up to $2.22m in penalties, so we’re talking a hefty fine. The AIC alleges that Optus failed to take reasonable steps to protect high-risk personal information from misuse, interference and unauthorised access, particularly given its size, resources, and risk profile. The increased penalties of up to $50m, introduced in Dec 2022, don’t apply: AIC

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  • The NSW Court of Appeal handed down its decision on Uber’s payroll tax case, overturning Uber’s earlier win and upholding payroll tax assessments on $81m remitted to NSW drivers between 2015 to 2020. A five-judge bench held driver contracts were “relevant contracts” to which payroll tax would apply under the NSW Payroll Tax Act. The Court rejected Uber’s arguments that driving was a service only provided to passengers, instead finding that the service was provided to Uber as it generated Uber’s service fees. The Court also found that amounts remitted to drivers were “paid or payable” by Uber for or in relation to the performance of work under s 35, even via Uber’s payment agent model. The decision broadens contractor provisions, with likely ramped-up payroll tax enforcement across the gig economy sectors. Uber will seek special leave to appeal to the High Court: KWM

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  • The Federal Court has cautioned that pre-commencement cooperation class actions between plaintiff law firms may risk contravening competition law. In an ad-tech carriage dispute, two firms entered an agency agreement and Cooperative Litigation Protocol, dividing work and funding before filing. While the Court let the case proceed, it said such said such pacts can remove fee competition between firms and litigation funders, undermining group member benefits. The Court flagged it may demand evidence in future of why cooperation is in the group members’ interests: Ashurst

WORD ON THE STREET

Recruiter reveals lawyers’ biggest mistakes

  • Legal recruiter Rachael Musgrave says most lawyers make the same mistakes when changing jobs. In an exclusive with Point Blank, the Empire Group partner shares how to spot a good recruiter, why juniors are chasing billable changes, and the best time to jump. Check out our full interview here.

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  • Deloitte and KPMG have posted rare revenue drops as demand for consulting slows, with Deloitte down 8% to $2.55bn and KPMG down 4% to $2.13bn. Both cut hundreds of staff and partners, but expect modest growth ahead, fuelled by AI tools, managed services and cost-cutting: AFR

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  • K&L Gates has hired Annalie Mitchelson as a Sydney tax partner from Deloitte Legal. With 20+ years’ experience in complex disputes, spanning transfer pricing, anti-avoidance and R&D, the firm says her appointment strengthens its tax capabilities as authorities ramp up scrutiny on cross-border compliance: K&L Gates

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  • More trouble for PwC’s rep, with the Tax Practitioners Board banning former PwC partner Richard Gregg until late 2029, finding he made false R&D tax incentive claims that left clients with $11m in tax shortfalls and $800k in penalties. Gregg, already exited from PwC for governance breaches, was found to have acted without proper inquiries, showing “a lack of integrity” and negligence: AFR

TALKING POINTS

Albo backs Palestinian statehood

  • Albo says Australia will back Palestinian statehood at next month’s UN General Assembly, citing commitments from the Palestinian Authority on demilitarisation and recognising Israel’s right to exist. He called a two-state solution “humanity’s best hope” for ending Gaza’s conflict. The move follows similar plans from France, Britain and Canada, but drew sharp criticism from Netanyahu: Capital Brief

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  • Australians could soon use digital “tokens” on their phones instead of showing a licence or passport to prove their age or identity. Former NSW minister Victor Dominello says a national digital ID and data-sharing system could save up to $32bn, boosting privacy and removing the need to hand over personal documents. We’re in a world of AI, but only now are digital IDs on the cards… AFR

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  • Justice Christopher Beale ruled it would be unfair for a jury in Erin Patterson’s mushroom lunch trial to hear claims she’d earlier tried to kill estranged husband Simon Patterson. Prosecutors alleged she poisoned him three times between 2021–2022, using a penne pasta, a chicken korma curry that left him in a coma, and a wrap on a camping trip. Prosecutors ultimately dropped the charges before her triple-murder trial commenced: The Guardian

DEAL ROOM

PEP’s deal streak

  • Pacific Equity Partners: is poised to buy Spark’s NZ data centres for $600m–$700m, beating Northleaf and First Sentier in a Jarden-run sale. Spark, offloading assets to cut $NZ1.7bn debt after a 40% share slide, has already sold its mobile towers. For PEP, it’s another big-ticket deal after recent $1bn-plus buys of SingPost Australia and SG Fleet: The Australian

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  • Middle Eastern and Canadian pension funds: are circling La Trobe Financial, potentially backing a private equity bid or buying a direct stake. Owner Brookfield wants $3bn+, arguing it’s a fund manager, not a non-bank lender. UBS is running the sale, with Morgan Stanley on standby for an IPO, though a listing now looks less than 20% likely: The Australian

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  • Bullish: the CoinDesk owner and crypto exchange backed by Peter Thiel, has lifted its NYSE IPO to 30m shares at US$32–$33, up from 20.3m at US$28–$31, boosting the raise to US$990m and valuing it near US$4.8bn. Riding post-Circle IPO momentum, the Cayman Islands-based firm plans to use proceeds for growth and acquisitions: Reuters, Bloomberg

SECTOR SPECIFIC

Aussie Super slams ASIC

🚜 DIGGERS
  • Liontown Resources jumped 18.3% to $1 just days after a $50m taxpayer-backed investment, as China’s CATL shut its Jianxiawo lithium mine for at least three months. The closure, hitting over 10% of global supply, also sent MinRes and Pilbara Minerals surging. The pause stems from Beijing’s mining permit crackdown: The Australian

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  • Rio Tinto is trialling solution mining at its Saskatchewan “Texas” project, hoping to avoid the $18bn deep-shaft route BHP took at nearby Jansen. The oil-drilling-inspired method could slash capital costs, but Rio says it’s still early-stage R&D. BHP’s Jansen, which is set to produce in 2027, has already blown out of budget and faces lower-than-promised output: AFR

🏦 FIN
  • Aussie Super and ASIC have beef. AustralianSuper has called ASIC’s death benefit lawsuit “vexatious”, arguing delays in paying 6,699 claims were often caused by the ATO, third-party admin Link, or missing paperwork. ASIC alleges the $365bn fund betrayed members’ trust by dragging out payouts, marking only its second death benefit case after Cbus: AFR

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  • CommBank says customer scam losses have fallen 76% since H1 2023 after rolling out new protections, including a Gen AI “Scam Checker” and in-app card transaction verification to replace one-time passcodes. The bank is tipping $900m into cyber defences this year as it shifts more security prompts into its app: FinExtra

🏠 RETAIL & REAL ESTATE
  • The Catholic Church is on its property grind - the Catholic Archdiocese of Sydney bought 75 Elizabeth Street for $97m from Kingold, eyeing it as both an investment and a possible new base for church operations. The B-grade block, near St Mary’s Cathedral, drew over 22 bids, showing demand for quality Sydney CBD assets despite high vacancy rates: The Australian

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  • Property Council says scrapping stamp duty from super fund fee calculations could free up $8.7bn in retirement savings to build up to 35,000 homes. It’s also pushing for AI in planning approvals to cut costs and speed up housing supply. The pitch comes ahead of Clare O’Neil’s housing productivity roundtables with unions and industry: AFR

📱 TECH & STARTUPS
  • National Renewable Network has raised $67m to roll out free-to-install solar panels and batteries via retailer partnerships, starting with Alinta. Founder Alan Hunter says the model—where households buy back cheaper power from their own roofs—could save consumers $700–$1k a year. NRN’s model keeps ownership with retailers, cutting supply costs by ~30%: The Australian

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  • Melbourne adtech startup Cuttable has banked another $4.5m in funding, valuing it at $44.5m. Founded by Sam Kroonenburg, the AI platform auto-creates hundreds of social ads in minutes. Backed by Square Peg, Rampersand and Brand Fund, the fresh cash will fuel US expansion and further AI development: SmartCompany

Till next time,

-Team PB

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