👋 G’day

Welcome back to another day of insights

Today’s brief:

  • Macquarie sacks 288 for bad behaviour

  • Australia’s on US trade talk priority list

  • Top law firms differ on AI use

Here’s the latest 👇

PRACTICE POINTS

Class action settlements unlocked

  • The High Court’s Lendlease v Pallas ruling confirms NSW courts can make soft class closure orders. Court notices that ask group members to register for settlement talks, but don’t lock them out if they don’t. If the case doesn’t settle, the class reopens. Lendlease sought one in a shareholder class action over alleged continuous disclosure breaches during 2017 and 2018. Lower courts said NSW lacked power to make such orders—unlike Victoria. But the High Court said that was too narrow a read of the Civil Procedure Act. The upshot? Faster, cheaper class actions by encouraging meaningful settlement negotiations earlier on: Barry Nilsson

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  • We know what you’re thinking. What happens if a DoCA is terminated? We’re glad you asked. In a new Queensland Supreme Court decision, the court held amounts cannot be recovered under the terms of a DoCA after termination. Seafarms contributed financing under a Funding Agreement towards the voluntary administration of a company and also made a contribution to the DoCA deed fund of creditors. The DoCA contained a provision for repayment for the contributions if the DoCA was terminated. Seafarms sought to recover its payments but the court said no dice. Critically, a provision purporting to operate after termination is not effective: Ashurst

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  • The NSW Supreme Court ruled that a school had failed to exercise its duty of care for a 14-year-old boy after he suffered an unprovoked attack, even though it occurred outside school hours and beyond the school grounds. The incident took place in 2017, when the victim was a boy. He was subject to a brutal attack by classmates at a nearby park. The State argued that because the incident occurred beyond school grounds and hours, the school didn’t have a duty of care. The court disagreed, awarding $1.75m in damages. The decision potentially opens the door for employers’ duty of care to extend beyond the business day where risk of harm is not mitigated: Stacks Law Firm

WORD ON THE STREET

HSF, KWM raid ACCC

  • With sweeping merger reforms landing in 2025, HSF and KWM are raiding the ACCC for competition firepower. HSF has lured commissioner Liza Carver, while KWM snagged merger reform GC Jennifer Baron. The new mandatory notification regime is set to supercharge demand, and firms want ex-regulator insiders who know the ACCC’s playbook inside out: AFR

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  • GenAI goes mainstream at top firms. Ashurst, G+T, HSF, MinterEllison, Bakers and Clayton Utz have all confirmed they're using generative AI tools like Harvey, RelativityOne and CoCounsel to draft legal advice, summarise documents, analyse contracts, and accelerate discovery. But KWM is standing firm—saying it doesn’t use AI to generate legal advice, saying it isn’t a substitute for deep expertise: The Australian

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  • Friday night drinks are on at Norton Rose. NRF have launched a new Client Relationship Associate where junior lawyers get £500 in BD budget, plus coaching, to wine and dine clients. Piloted in London, the scheme now covers 40 associates and is expanding across the globe: Legal Cheek

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🚶‍♂️ Know who’s on the move? Hit reply.

TALKING POINTS

Libs leadership clash

  • Sussan Ley has officially launched her pitch to lead the Liberal Party, calling for a “fresh approach” and vowing to rebuild trust with women and younger voters. Backed by heavyweights like Gladys Berejiklian and Jeff Kennett, Ley says her leadership would “reflect modern Australia”. But Angus Taylor’s camp isn’t backing down—he’s reportedly tapped Jacinta Price as deputy. The party will vote on Tuesday: News.com.au

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  • A fragile truce between India and Pakistan appears to be holding after four days of the worst cross-border fighting since 1999 left nearly 70 dead. Both sides accused the other of early violations, but by Sunday morning, artillery fire had fallen silent. Residents are slowly returning to border towns, though some areas remain off-limits due to unexploded munitions: ABC News

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  • After two days of talks in Switzerland, the US and China say they’ve made “substantial progress” on easing trade tensions. They’ve agreed to set up a new negotiation channel, led by Treasury Secretary Scott Bessent and China’s He Lifeng. Beijing called it “an important first step”, while the US is expected to release more details Monday. Meanwhile, Australia has made US trade talk priority list: Bloomberg

THE TREASURY

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

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DEAL ROOM

Oil giants circle BP

  • BP: is in the limelight, with Shell, Exxon, Chevron, Total and Adnoc all reportedly eyeing the oil giant, as its share price slump and $159bn asset base tempt buyers. BP’s gas assets are the main draw, but $70bn in debt and political hurdles loom large. Sources say the sustained underperformance of BP leaves it ripe with takeover potential: The Globe and Mail

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  • CoStar: is buying Domain for A$3bn, aiming to challenge News Corp’s REA’s dominance in Aussie property listings. The A$4.43/share deal is backed by Nine, which will pocket A$1.4bn for its 60% stake. CoStar already owns 16.9% of Domain, and the deal now goes to a shareholder vote in August. Domain is being advised by Gilbert + Tobin and CoStar is being repped by Corrs.

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  • Global funds: have poured $15bn into emerging Asian markets (excluding China) over the past 3 weeks, chasing stronger currencies and resilient earnings despite tariff fears. The Taiwan dollar’s up 9% since April, and the MSCI Asia ex-Japan index has surged 16%. But with Trump floating new China tariffs, this rally could be on thin ice: AFR

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  • MedAdvisor's: shares plunged 23% after it announced a mystery $35m takeover offer from from an unnamed suitor with an over US$100bn market cap. The bidder’s still a mystery, and the deal’s non-binding and subject to due diligence: Capital Brief

SECTOR SPECIFIC

CEO pay docked $1.2m

🚜 DIGGERS
  • Liontown’s cash is burning, lithium’s slumping, and repayments to car maker Ford kick in by September. CEO Tony Ottaviano says don’t panic — production's ramping, costs are down, and extra funding could inject $140m. But analysts see a liquidity crunch by 2026, and reckon lithium must top US$1200/t to stay afloat. Will Hancock swoop or wait for more pain? AFR

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  • JPMorgan's gone full gold bull, tipping prices to hit $6,000/oz by 2029—an 80% surge. That’s if just 0.5% of foreign-held US assets shift into bullion. With gold already rallying on Trump’s trade war, dollar doubts and global chaos, the bank says even a tiny demand spike could send prices soaring thanks to tight supply: mining.com

🏦 FIN
  • Macquarie sacked 288 staff in 8 years for bad behaviour, including 53 last financial year alone, as it battles global scrutiny. The bank’s annual report lays down compliance lapses from tech breaches to risk failures — all while ASIC, the SEC and FCA pile on fines. CEO Shemara Wikramanayake’s pay was docked $1.2m in 2025 over the mess: AFR

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  • ANZ is going password-free, swapping traditional log-ins for passkeys or mobile app approvals. The bank’s Group Exec reckons the move means less phishing risk, and more convenience. It’s part of ANZ’s push to boost security and ditch outdated log-in habits, after ANZ customers were part of the 31,000 passwords leaked online. Looks like it will be better if fingerprints and face scans do the heavy lifting: Finextra

🏠 RETAIL & REAL ESTATE
  • Graya’s $150m Enclave project perched up on Gold Cost’s luxury red-hot property market has already raked in $80m in off-market sales, selling out all half-floor residences before launch. With full-floor apartments from $6.2m and a penthouse tipped to fetch $25m. Buyers are lured by wellness perks, concierge service, and surf-ready seaside living. It’s a stunner: The Australian

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  • Qantas CEO Vanessa Hudson is a bit upbeat on FY26, banking on a rising Aussie dollar and normalising fuel prices to boost margins and tourism. While Trump’s tariffs and China’s Boeing freeze pose global supply chain risks, Qantas says no major impacts yet. It’s also betting Airbus will deliver a smoother ride ahead, with 299 new aircrafts on order: AFR

📱 TECH & START UP
  • Family offices now dominate Aussie VC, making up 40% of investors in private capital. That’s up from just 10% in 2020. Super funds have slipped to 15%, shackled by APRA’s fee tests that favour “cheapest over best”. While Canva-scale returns are still possible, critics say everyday Aussies are missing out as wealthy founders are now the central backers of our next-gen tech stars: AFR*

  • HESTA’s watching WiseTech closely, flagging concerns over governance, Richard White’s role, and board independence. The $91bn super fund isn’t sold on WiseTech’s ability to restore investor trust, especially after board resignations and ASIC scrutiny. It’s urging fresh, independent directors and a real succession plan—fast: Capital Brief

P.S.


Till next time,

-Team PB

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