👋 G’day
Welcome back to another day of insights
Today’s brief:
Santos confirms $30bn bid
ASIC launches inquiry into ASX
CU boosts risk advisory practice
Here’s your latest 👇
PRACTICE POINTS
Late claim, lost cheque
In Forme Two v McNab, the Qld Supreme Court ruled that payment claims under QLD’s BIF Act are only valid if they include work done within six months of the claim. McNab’s claim didn’t, and the $162k adjudication award was tossed out for jurisdictional error. Justice Hindman found the six-month requirement in s 75(2)(b) is a basic precondition, not just a technicality. Even if the claim also included older work, it still needed something current to enliven jurisdiction. Contractors chasing old debts must either bundle them with recent work or miss out entirely: MinterEllison
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Major retailers have copped a $19.8k penalty for allegedly misleading Black Friday ads. The ACCC says each retailer used the word “sitewide” to lure shoppers, but quietly excluded a chunk of products from their discounts.
Michael Hill ran a “25% off sitewide” promo, but some online jewellery products weren’t actually discounted.
MyHouse promoted “Up to 60% OFF RRP EVERYTHING ON SALE + EXTRA 20% OFF”, but that extra 20% didn’t apply to all items.
Hairhouse claimed “SAVE 20% to 50% SITEWIDE”, but over 25% of products were excluded.
The ACCC says broad discount claims must match reality, and fine-print disclaimers won’t save you if the headline misleads: ACCC
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The Victorian Court of Appeal has found that an email sent by a director of LBA Capital saying it couldn’t settle due to a lack of funds amounted to repudiation of an off-the-plan sale contract. The court overturned the earlier Supreme Court ruling, holding that a clear statement of inability to perform (even if polite) is enough to justify termination by the vendor. Especially if subsequent correspondence fails to retract the earlier statement.
WORD ON THE STREET
CU boosts governance bench

Clayton Utz has tapped former CBA Chief Risk Officer Nigel Williams and A&O Shearman duo Michelle Dawson and Andrew Bangura to join its Risk Advisory practice. The trio brings heavyweight risk, compliance and governance experience. Doug Nixon says their combined insight into Aussie corporate complexity is unmatched—and key to delivering legal-led risk advice as boards face rising tech and regulatory headwinds: Clayton Utz
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Ashurst has lifted its London NQ salaries from £125k to £140k, matching Bakers, Hogan Lovells and Macfarlanes—and nudging past HSF Kramer (£135k). The move DLA’s recent 18% hike to £130k, with the UK salary war still heating up: Legal Cheek
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Lucy Adamson has joined McCullough Robertson as a corporate partner in Sydney, after four years at Hazelbrook Legal leading its funds and financial services team. With top-tier stints at Clayton Utz, A&O, G+T, and EY, she brings serious regulatory chops. McR now boasts 18 partners and 100+ staff in Sydney: McCullough
TALKING POINTS
Perjury ignored

Experts say perjury in family law is rampant but almost never prosecuted. From 2014 to 2019, no perjury cases were prosecuted, despite widespread concerns. Ex-partners often lie, hide assets or withhold info, re-traumatising women who've escaped coercive control or financial abuse. Lawyers want courts must start using their enforcement powers and refer perjury to police: Guardian
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Israel and Iran have traded deadly missile strikes, killing dozens and spiking oil prices by up to 14%. Israel hit Iranian nuclear and energy sites; Iran retaliated with missiles on Tel Aviv and Haifa. The conflict risks a global oil shock if Iran closes the Strait of Hormuz. De-escalation looks unlikely: AFR
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The regulators are at. ASIC has launched a full inquiry into the ASX, targeting its governance, risk management and capability frameworks. Concerns over ASX’s ability to deliver secure and stable market infrastructure have prompted the review, led by an expert panel. ASIC says the outcome may shape further action, with a report to follow. Confidence in the exchange is under the microscope: ASIC
THE TREASURY

ASX as at market close. Commodities and crypto in USD.
DEAL ROOM
Santos bid
Santos: has announced it received an NBIO from a consortium led by XRG — a subsidiary of Abu Dhabi National Oil Company to acquire the country’s second largest gas producer for ~$30bn via a scheme. The $8.89 cash per share offer proposal sits at a 28% premium to Santos’ last trading price. The SID will contain a sweep of conditionality, including the all-important FIRB. HSF Kramer advises Santos on the mega-deal.
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Zenith: has been bought by KKR, valuing the renewable power provider at over $2bn. The deal sees PEP, OPTrust and Foresight exit, with Zenith’s management retaining a stake. The miner-focused microgrid operator brings in $120m+ EBITDA and 710MW of capacity, making it one of the few big infra deals to land in 2025: The Australian
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Adnoc: the Abu Dhabi state-owned oil company has held early talks to buy into Santos, Australia’s No.2 gas player. No bid’s landed yet, but market volatility could fast-track a move. A full takeover would face steep FIRB hurdles, so a partial stake or asset sell-down is more likely: AFR
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KKR: is now shopping around for interest in Arnott’s Asian ops. It’s a sign that the consumer sector is heating up. The $70m EBITDA unit has attracted interest from Ferraro, TPG and CVC. A Tim Tam-Nutella combo may be on the cards, with trade buyers like Ferrero or Unilever making more sense over PE: The Australian
SECTOR SPECIFIC
Amazon’s biggest Aussie bet

🚜 DIGGERS
Woodside and the Aussie government have extended consultations on environmental conditions tied to the North West Shelf LNG plant’s 2070 life extension. The project’s now under pressure over 4.3bn tonnes of emissions and potential harm to Murujuga rock art. Woodside says talks are ongoing, with heritage and air quality front of mind: Mining Weekly
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BHP and Rio have had their carbon credit proposals rejected, after the govt ruled their mine waste storage and tree-based diesel schemes didn’t make the carbon cut. Officials flagged issues with measurement, weather risks, and invasive species. With $100m+ in credits on the line, both miners must now rework their pitch if they want a shot at future eligibility: AFR
🏦 FIN
Westpac exec Samantha Aitken is suing the bank, alleging she was labelled a “troublemaker” after raising fraud concerns inside Rams, the now-defunct mortgage arm. She claims that senior execs downplayed her bullying allegations, warning her to “be careful” putting it in writing. Mediation’s failed, court’s set for November: The Australian
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ASIC prepared 17 internal briefings on Macquarie in just 10 months, FOI docs reveal, as tensions mount over the bank’s “legalistic engagement” and multiple scandals. The regulator flagged risk failures, market manipulation, and potential regulatory arbitrage, warning Macquarie’s size and behaviour raise “serious concerns” for both consumers and markets: The Australian
🏠 RETAIL & REAL ESTATE
The FroYo phenom Yo-Chi is raising capital via UBS, pitching big plans to grow from 53 to 400+ stores globally. Backed by Boost Juice Aussie icon Janine Allis, the dessert chain is forecasting $77m earnings by FY26 with margins over 40%. Supermarket tubs and JV deals in the US, UK and Singapore are also in the mix: AFR
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Douglas Menzies Chambers has sold for $23m to an owner-occupier eyeing the Supreme Court-adjacent site. The 12-level tower at 180 William St was offloaded by Barristers Chambers Ltd, who recently upgraded to 200 Queen St for $176m. Colliers fielded 7 competitive offers, as legal precinct properties continue to punch above their weight: COMO
📱 TECH & STARTUPS
Amazon is pumping $20bn into Aussie data infrastructure by 2029, marking the largest tech investment in our history. It’s not just storage—AI capability and cloud expansion are on the menu, backed by three new solar farms in VIC and QLD. Albo’s calling it nation-building: Capital Brief
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Pharmacy tech startup StrongRoom AI has been sold to software exec Joe Zhou, capping off four months of chaos, fraud claims, and court drama. Zhou’s $1m debt-funded deal leaves liquidators chasing $12m in missing funds, with potential lawsuits ahead. EVP, StrongRoom’s biggest backer, might claw back losses, while CEO Max Mito’s out and legal clouds linger: AFR
P.S.

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Till next time,
-Team PB