👋 G’day

Welcome back to some more legal insights

Today’s brief:

  • Markets rejoice on Trump’s tariff pause

  • Ashurst unveils new Sydney office – it’s nice

  • Albo axes Dreyfus for Michelle Rowland as AG

Here’s the latest 👇

PRACTICE POINTS

NSW backs non-competes

  • Quick refresher on non-competes. They’re generally tricky to enforce, unless you’re in NSW, where the Restraints of Trade Act says non-competes are enforceable to the extent they aren’t against public policy. In Quantum v Schenker, the NSW Supreme Court backed a non-poach clause that barred both parties from hiring each other’s employees for 6 months post-contract. When Schenker tried to hire a Quantum staffer mid-agreement, Quantum sued. While the court accepted the clause was invalid under common law, NSW’s Act saved it—letting the court “read down” the clause as reasonable. The court pointed to the specific commercial context for establishing a legitimate business interest: the protection of confi info, stability of workforce and employees were working in secondment-like arrangements making them more vulnerable to poaching: KWM

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  • ASIC’s sounding the alarm for small biz directors misusing company funds. In the first quarter of 2025, ASIC charged multiple directors over using company funds for personal use like legal fees and holidays. And in 36% of 2023–24 company failures, poor financial control was a key cause. ASIC’s message? Directors must act in the best interests of the company—not themselves—or face penalties, disqualification, and ATO action.

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  • In a new Victorian Court of Appeal decision, the Court confirmed that a 21-day affidavit under s. 459G of the Corps Act must clearly and fully raise any disputes relied on to set aside a statutory demand. A 21-day affidavit that was filed attempted to argue that there was no loan agreement subject to the demand, but the company also tried to rely on a second dispute—that repayment wasn't due until another agreement was triggered. The Court found this “additional dispute” wasn’t properly raised: the relevant agreement wasn’t attached, its terms weren’t summarised, and the affidavit didn’t expressly assert the repayment date was conditional. In short, the alleged second dispute wasn’t supported with enough clarity or evidence, and the appeal was dismissed. Clear reminder: affidavits must do the heavy lifting—vague assertions won’t cut it.

WORD ON THE STREET

£48k bonuses

  • Time to move to London? UK firms are revamping bonus schemes to keep junior lawyers grinding. Simmons & Simmons is offering up to 40% of salary for billing over 2,100 hours—up to £48k for first-years. RPC raised bonuses to 30%, while Shoosmiths capped rewards at 1,900 hours to curb burnout. Linklaters, meanwhile, is moving away from billable hour targets entirely—tying bonuses to revenue generation, cross-selling and internal contributions: Legal Cheek

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  • HSF has added Anne Beresford (ex-Allens) and Michael Hogan (ex-JWS) to its Brisbane projects team, bolstering its bench ahead of Queensland’s energy transition and 2032 Olympics build. Beresford brings deep oil, gas and renewables experience, while Hogan specialises in complex infra and water projects. The hires follow three recent projects partner promos.

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  • Clancy King has joined Clifford Chance as partner in its global tax, pensions and employment practice, after nearly 8 years at DLA Piper. Based in Sydney, she’ll help build out the firm’s employment law bench, bringing 12 years’ experience in disputes, restructures and cross-border deals. The hire follows Mark Currell’s appointment as Australia managing partner: LawyersWeekly

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  • Ashurst has officially moved into its new Sydney HQ, taking over 8 floors at 39 Martin Place as the building’s first legal tenant. The fit-out features flexible work zones, tech-enabled rooms, a café and client floors, all built with ESD principles. It’s a nod to collaboration, agile working and premium client experience, says Australia head Lea Constantine.

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

TALKING POINTS

Albo’s cabinet reset

  • Albo has unveiled his reshuffled cabinet, axing attorney general Mark Dreyfus in a post-election factional carve-up. Michelle Rowland takes over as attorney-general, while Tanya Plibersek moves to social services. Anne Aly is promoted to cabinet, picking up small business, multicultural affairs, and international development. After a first term stacked with Rudd-Gillard era names, this shake-up signals Labor’s bid for renewal. The new ministry will be sworn in today: ABC News, Capital Brief

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  • Trump says tariff truce—but targets EU. Markets soared after the US and China agreed to slash tariffs for 90 days, with Trump saying he’ll speak to Xi Jinping later this week. But the mood shifted when Trump pivoted to the EU, accusing it of “extorting drugmakers” and calling it “nastier than China”—hinting at a new trade fight ahead: The Economist

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  • The APAC region is moving faster than Washington or Brussels when it comes to reining in TikTok, Instagram and Snapchat. New rules target underage users from Indonesia, Malaysia, Singapore Vietnam, Pakistan and New Zealand, with Australia banning kids under 16 from social platforms from the end of 2025 — and penalties up to $32m. Tech companies are rattled, but so far, they’re complying leaning on Apple to verify ages: Bloomberg

THE TREASURY

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

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DEAL ROOM

Webjet takeover talks

  • Helloworld Travel: has quietly built a 5% stake in Webjet, snapping up nearly 20m shares via Macquarie Capital. The move follows last week’s mystery 1.8% raid at 80c a pop, with many suspecting a blocking stake ahead of a takeover bid. With acquisition talks already in the mix, investors appear to be holding out for a sweeter offer: The Australian

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  • Rio Tinto: has inked a JV deal with Japan’s Sumitomo, selling a 30% stake in WA’s Winu copper-gold project for up to $430m. The deal includes $195m upfront and future milestone payments, with both sides eyeing broader strategic ties in copper, lithium and base metals: Mining Weekly

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  • Ridley Corp: is buying Dyno Nobel’s fertiliser distribution biz for $375m, funded via a $130m UBS-led raise. Jarden and Macquarie are advising Dyno (formerly Incitec Pivot). The deal’s been in the works since 2023 but was held up by FIRB and gas price uncertainty. It’s the first M&A move under new Dyno CEO Mauro Neves: AFR

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  • PointsBet: says it received a takeover bid from Betr Entertainment, which likely to be “superior proposal” to MIXI’s board-backed deal. It follows Betr’s recent 19.9% stake grab after its first offer was knocked back. The 57/43 cash-scrip split means synergies and scrip value will be key as both parties enter mutual due diligence: Capital Brief

SECTOR SPECIFIC

South32’s copper pivot

🚜 DIGGERS
  • South32 has tapped Anglo’s Matthew Daley to take over as CEO in 2026, with outgoing boss Graham Kerr staying on to line up a copper or zinc acquisition first. Daley, a Glencore alum, will move from London to Perth and help lead South32’s copper pivot, including Hermosa in Arizona and Ambler in Alaska. And he’s being rewarded handsomely—$2m, plus incentives: The Australian

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  • And speaking of copper, BHP’s $3.2bn Argentina copper bet just got juicier, with new data showing its Filo del Sol find is five times bigger than first thought — and potentially 15x with inferred resources. At 5000m altitude, it’s no easy dig, but BHP and Lundin Mining are planning joint development. Copper's hot now, but Morgan Stanley warns prices could tumble post-tariff rush: AFR

🏦 FIN
  • Stripe stays quiet on Tyro. Stripe’s Aussie boss won’t confirm takeover rumours, despite growing chatter that the fintech giant has eyes on Tyro, the struggling ASX-listed terminal provider. While no offer or DD has occurred, analysts say Tyro’s “best-in-class” hardware and healthcare tech could plug gaps in Stripe’s underused terminal play. Tyro, now worth a third of its IPO value, may need a buyer to level up: SmartCompany

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  • Macquarie has eased its stance on metallurgical coal, now backing investments and loans for mine expansions, citing steelmaking needs. The shift comes after ditching the Net Zero Banking Alliance, amid Trump’s return and growing global exits. Climate groups slammed the move, while Macquarie insists it’s still staying clear of thermal coal: AFR

🏠 RETAIL & REAL ESTATE
  • Woolworths will slash prices on 400 home brand items by an average 10%, as new CEO Amanda Bardwell tries to claw back market share from Coles. Backed by $100m in investment, the move aims to rebuild trust after a rocky run and rising political pressure. Analysts say it’s a necessary reset, but will Coles and Aldi hit back? AFR

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  • Centuria and US giant Starwood have secured a $33m logistics asset in Tottenham, Melbourne, pushing their JV portfolio to $200m. The site, leased to Cargo Freight Services, offers rental upside and future dev potential, with current rent 65% below market. It was bought at a 40% discount to replacement cost—a textbook value-add play: The Australian

📱 TECH & START UP
  • iPhone prices could jump 31%, with Apple facing a $1.4bn hit this quarter alone from Trump’s tariff blitz. The Consumer Technology Association warns US consumers could lose $123bn in buying power. Apple’s racing to shift iPhone and iPad production to India and Vietnam, but some fear $4000 Aussie iPhones aren't far off: The Australian

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  • Meta’s signalling it’ll opt to pay the flat levy under Labor’s News Bargaining Incentive, rather than re-sign content deals with Aussie publishers, sources say. That means the government—not the tech giants—would decide how funds are distributed, adding complexity and potentially delaying support to media outlets: Capital Brief


Till next time,

-Team PB

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