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👋 G’day

Today’s brief:

  • ACCC beats Coles in supermarket stoush

  • Non-lawyers are now top-tier partners

  • KPMG exposes confidential client files

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

WORD ON THE STREET

Down, Down undone

The ACCC went after Coles on fake discounts, and won. Justice O'Bryan found 13 of 14 "Down Down" products carried misleading discounts, with prices hiked for 28 days before being "cut" back to near their original level. The magic number? O’Bryan J says hold prices 12 weeks before discounting, or it’s misleading. Johnson Winter Slattery acted for the ACCC; Allens ran Coles' defence. Read our deep dive on the decision here: Point Blank

  • These days, you don’t even need a law degree to become partner. In its recent promo round, Ashurst made IT specialist Arjuna Guruge a partner, no legal training required. MinterEllison is up to 18-20 non-lawyer partners after its consulting push. Firms are betting tech and consulting expertise is worth a slice of equity: AFR, Point Blank

  • A KPMG partner got caught using a client's confidential files to win another client's work. The Big 4 firm admitted a senior audit partner pulled up confidential Lendlease board docs when pitching for the Westpac audit, which it won in 2024. Lendlease CEO Tony Lombardo called it "not acceptable." KPMG's defence: the docs had "low sensitivity." Yikes: AFR

PRACTICE POINTS

Landmark ruling

⚖️ Native Title: The Federal Court has handed down a landmark native title compensation decision in Yindjibarndi v State of WA. The Court awarded $150m for cultural loss against FMG for the grant of mining tenements over 563 square kilometres. The figure reflects the destruction of 124 heritage sites, damage to songlines, dewatering impacts and physical disturbance across the determination area. It's the third in a developing line after Griffiths and McArthur River, and the first dealing with compensation for future acts under the Native Title Act. The Court also awarded compound interest, a significant departure from Griffiths. Appeals are expected: G+T

⚖️ Corporate: ASX has weighed in on sustainability report timing in its recent ASX Supervision Update. The guidance confirms it won't object if listed entities release their corporate governance statement and Appendix 4G earlier than Listing Rule 4.7.4 strictly requires — ie, when lodging their sustainability report and audited financials, but before the 'glossy' annual report drops. Given there's often overlapping content between the two documents, releasing them together makes sense. The conditions: the statement must clearly identify the relevant reporting period and be accompanied by a complete Appendix 4G. Once lodged with the financials, no need to re-lodge with the annual report: ASX

⚖️ Regulatory: ASIC was already pursuing Hudson Global Resources for non-lodgement of financial accounts for FY2022, FY2023 and FY2024 before the public sector recruiter collapsed into voluntary administration on 22 April. The proceedings were live before the court when the administrators were appointed. The case is the latest scalp in ASIC’s active lodgement crackdown, which has recently stung Canva ($792k) and three Mecca entities ($594k combined) for late or non-lodgement. Large proprietary companies, get your accounts in: AFR, ASIC

TALKING POINTS

Climate cases axed

Did you hear…

New Zealand's government is changing the law to kill off private legal action against big greenhouse emitters. The move will wipe out current and future cases including those headed to the High Court against Fonterra, Genesis Energy and Z Energy. The government says courts aren't the right forum for climate harm claims. Greenpeace calls it a "shocking abuse of executive power": Bloomberg

Also…

Chalmers is consulting on softening the CGT blow after the startup sector erupted over plans to axe the 50% discount and replace it with a 30% floor. The biggest grievance is that venture funds investing through ESVCL partnerships still pay zero CGT, while founders and early employees cop the full hit. Atlassian's Scott Farquhar is pushing for a full carve-out. Others want a UK-style zero rate on founder equity gains up to $20m: AFR, Capital Brief

DEAL ROOM

Blind bet

💰 Blackstone Digital Infrastructure Trust has raised US$1.75bn in a US IPO. The vehicle will target newly built data centres valued at US$250m to US$1.5bn. It's the largest-ever "blind pool" REIT IPO, so called because the company hasn't yet acquired a single asset: Bloomberg

⚡️ Sembcorp's $6.5bn acquisition of Alinta Energy has cleared the ACCC, albeit after a false start when Ashurst's merger notification docs were rejected as "materially misleading" and "incomplete." Now, all eyes are on FIRB approval: AFR

💵 Plus Es, Ausgrid's smart metering business and the country's largest player, has drawn first-round bids in a $3bn auction run by RBC Capital Markets. At least six parties were in the data room, with KKR emerging as the frontrunner: AFR

SECTOR SNAPSHOT

Bonuses meet culture

DIGGERS

🚜 Albemarle has booked a $1.13bn writedown on its $1.5bn Kemerton lithium hydroxide plant near Bunbury, after axing 250 jobs due to lithium prices failing to cover conversion costs. With $225m in additional charges still to come, it's the latest blow to the Albo's Future Made in Australia push: The Australian, AFR

FIN

🏦 ANZ CEO Nuno Matos is tying executive bonuses directly to the bank's four new corporate values. Thousands of senior managers will now be assessed on a five-point performance rating drawing a clearer line between individual behaviour and group outcomes. After a $240m ASIC fine, Matos is serious about changing the bank's culture: The Australian

RETAIL + REAL ESTATE

🏠 Labor's axing of negative gearing on established residential properties is quietly making commercial real estate the budget's unlikely winner. Industrial assets, self-storage and retail buildings remain exempt from the negative gearing changes, with investors already fielding inquiries about the switch: AFR

TECH + STARTUPS

📱 xAI has launched Grok Build, its first AI coding agent, with xAI president Michael Nicolls openly naming matching Claude's performance as a near-term goal. Meanwhile, OpenAI is lawyering up against Apple, alleging breach of contract after its ChatGPT integration was buried so deep in iOS that users can barely find it. OpenAI banked on billions in subscriptions; it got a limited response: Bloomberg

P.S.

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