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Today’s brief:

  • Try our AI prompt that extracts ASIC details

  • PwC inquiry uncovers $20m deal

  • Atlassian’s $15bn mistake

Here’s the latest 👇

PRACTICE POINTS

Debenture claim dismissed

  • The Federal Court recently ruled that Finder Wallet’s “Finder Earn” crypto product was not a debenture. Under the product, customers deposited AUD, swapped it for TrueAUD (a stablecoin), and handed it to Finder Wallet in return for a fixed return. ASIC claimed this triggered disclosure and licensing rules. But the Court disagreed—Markovic J found there was no loan or deposit of money, just a transfer of digital assets. The promise to return TrueAUD plus a return wasn’t a debt repayment tied to Finder’s working capital—a key feature of a debenture. Despite the “lending” language, the Court focused on substance over form and found Finder Earn didn’t meet the statutory definition of a debenture: KWM

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  • The FWC sided with a psychology practice that refused a flexible work request from a part-time provisional psychologist that sought to work remotely due to family violence. The request, which would have replaced in-person therapy with under-demanded telehealth, was found to effectively create a new, non-revenue role. The Commissioner ruled the refusal was based on reasonable business grounds, including the financial strain on the business for non-billable work and hiring a replacement locally. This decision clarifies that flexibility doesn’t mean re-writing the job description even if you have solid grounds for it.

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  • ASIC has disqualified NSW director Mohamed Chabib for 5 years after four of his companies tanked owing $1m+ to creditors – yep, that will do it. ASIC found comply with tax returns, he let two companies trade while insolvent and misused ATO payments. A reminder that insolvency breaches (and, let’s say, poor record keeping) will still get you banned, fast.

WORD ON THE STREET

AI saves $1.5m

  • When Perth-based Minters partner Michael Hale lodged an affidavit in the Fortescue-Element Zero battle, the firm confirmed it's using generative AI to power through discovery. The AI is reviewing up to 3.5k documents an hour—a task that could otherwise cost up to $1.5m and take six months. The Services Union is pushing back, with Emeline Gaske warning: "We won’t allow firms to use AI to eliminate roles, they will need to invest in training to upskill workers to use AI”: The Australian

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  • Brit Ibanez has been appointed Deputy Managing Partner at Hamilton Locke, after launching and leading the firm’s Commercial Litigation team since 2019. A key driver of firm-wide growth and culture, Ibanez now steps up to co-lead with Managing Partner Nick Humphrey as the firm eyes its next phase across the HPX Group.

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  • PwC can't seem to stay out of trouble. In a 6-week inquiry, public servant and ex-School Infrastructure CEO is alleged to have directed a “$20 million project” to a PwC partner who was a former colleague and helped prepare his CEO app. He also allegedly fired a procurement chief who raised concerns about PwC's engagement. PwC banked $1.8m from the arrangement: AFR

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

TALKING POINTS

German coalition revolt

  • Germany’s usually dull chancellor change turned into political theatre after Friedrich Merz flunked his first Bundestag (lower house) vote, missing the majority by 6 votes thanks to a mystery revolt from within his own coalition. He scraped through on a second ballot, paving the way for the conservative leader to take charge of Europe’s second biggest economy, bruised and already undermined—not off to a great start: Bloomberg, Economist

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  • The results are in: 47.5% of Australia companies supports Labor’s $22bn Future Made in Australia Plan, a rare shift toward climate policy unity. Even mining heavyweights like Fortescue are on board. Toyota and fossil fuel lobby groups are the loudest naysayers. Despite the Libs shocking defeat, more than you may think like the nuclear power option, at 37.% of responses: Renew Economy

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  • India says it launched 9 strikes in Pakistan and Pakistan-controlled Kashmir, claiming it hit “terrorist infrastructure”. Pakistan says the missiles hit civilians, with at least three dead. The strikes follow last month’s deadly militant attack in Indian-administered Kashmir. India’s army declared online: “Justice is Served.” Tensions between the nuclear neighbours is rising: ABC, AFR

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THE TREASURY

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

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DEAL ROOM

ASX defends listing rules

  • ASX: holds firm on its listing rules. After backlash over James Hardie’s $14bn Azek deal skirting a shareholder vote, ASX compliance chief Daniel Moran maintains companies aren’t “gaming” listing rules and the rules are working as intended. Moran said the ASX is just the ref, and “the last thing anyone wants the ref to do is change the rules in the middle of a game”. A broader review is now underway: AFR

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  • Latham & Watkins: is advising DoorDash on its £2.9bn buyout of Deliveroo, the biggest UK take-private this year. White & Case is repping Deliveroo. It’s Latham’s first major M&A mandate for DoorDash, and a deal that gives the DoorDash a foothold in 9 new countries—assuming competition regulators don’t pull the handbrake: Global Legal Post

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  • Blackbird: is dropping $60m into Airwallex from its follow-on fund. That’s despite never backing it before. The fund’s meant to double down on portfolio bets, but this move suggests slim pickings in Blackbird’s own stable. With Airwallex eyeing an IPO and last valued at $US5.6bn, this might be Blackbird’s way of buying a ticket to the game play exit: AFR

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  • Gold Road: shareholders apparently threatened to call an EGM to sack the board unless it engaged with Gold Fields. The two have officially entered into a binding agreement on Monday, following a sweetened $3.7bn bid. Gold Fields is yet to reveal how it will fund the cash buyout: The Australian

SECTOR SPECIFIC

Atlassian wipes $15bn

🚜 DIGGERS
  • Pension funds CalPERS, CALSTRS and Norway’s Storebrand are voting against three Woodside directors at its AGM over the company’s gas expansion spree. It’s shaping up as a proxy referendum on climate action, with critics slamming the $17.5bn US LNG project and accusing Woodside of ignoring last year’s climate backlash: The Australian

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  • The Saudis are gearing up to pen a mining cooperation agreement with the US, aiming to deepen ties via the Department of Energy. The deal supports Saudi Arabia’s EV and battery ambitions, with copper and lithium supply chains top of mind. It follows Riyadh’s global mining push—think Vale stake, Red Sea seabed, and a Vision 2030 drive to go beyond oil: Mining.com

🏦 FIN
  • CBA’s economics team has downgraded 2025 global growth to 2.4% (from 2.9%), blaming the escalating US-China tariff war. They say the chaos out of Washington is dragging down the US, with Canada tipped for recession and Japan and the Eurozone stagnating. Some relief may come via tax cuts and spending sprees, but decoupling risks loom large: Capital Brief

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  • Regal Partners’s Brendan O’Connor says they walked from buying Platinum because it’s a “falling knifewith funds plunging from $12bn to $9.6bn, and another $958m mandate loss incoming. Platinum’s now betting on a merger with L1 Capital: AFR

🏠 RETAIL & REAL ESTATE
  • Qube’s credit rating move has markets buzzing, with insiders betting it’s laying the groundwork for a major M&A play. With $1.4bn net debt, soaring container volumes and a share price up 57% in five years, it’s in the driver’s seat. Port of Tauranga and Pacific National are hot tips, but regulatory and ESG hurdles remain: The Australian

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  • Brookfield could be moving to axe jobs at Multiplex off the back of a sharp downturn, including top exec jobs. Sources say there have already been some quiet departures, and more may be on the way. Still, Brookfield has topped up the business about $152m, signalling it's not abandoning ship—yet: The Australian

📱 TECH & START UP
  • Atlassian just made a $15bn mistake. Cannon-Brookes’ free AI play didn’t land. Atlassian’s push to lure users to its cloud platform with free access to Rovo spooked investors, wiping $15bn off its market cap and $2bn from his own wealth… Despite solid revenue growth, weak guidance and rising costs have reignited concerns about Atlassian’s growth trajectory: AFR

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  • Sydney/SF startup Relevance AI has raised $24m Series B to help companies build teams of AI agents. Backed by Bessemer, Insight Partners and Peak XV, it’s now powering 40k+ agents for clients like Activision and SafetyCulture. The new cash will fuel its push into the US: Yahoo Finance


Till next time,

-Team PB

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