Matt,
Mark did not sit on the Takeovers Panel for Brockman, see the link
http://www.takeovers.gov.au/content/DisplayDoc.aspx?doc=reasons_for_decisions/2011/003.htm&pageID=&Year=
WN obviously did their research by appointing a member of the FIRB. The info is out there for all to see.
Surely there is a flaw in the FIRB ethical standards if this is allowable (which seems like it is).