Welcome to Smarter Lawcast, the official podcast of Hall & Wilcox, a leading independent Australian law firm. We pride ourselves on our Smarter Law approach, where we work with our clients to creatively solve their legal and business challenges. Tune in to be educated and entertained by our experts’ take on topical legal issues. LinkedIn:@Hall & Wilcox Facebook:@HallandWilcox Instagram:@hallwilcox https://hallandwilcox.com.au/
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Health and aged care – international perspective: Healthcare: Australia and UK trends
33:12
33:12
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33:12
Hall & Wilcox partner and co-lead of our healthcare sector group Alison Choy Flannigan chats with Julian Smith and Jill Mason, partners at UK firm Mills & Reeve, about healthcare trends in Australia and the UK, including key issues when entering into the UK market, opportunities for Australian businesses, M&A trends in the healthcare sector, wider …
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Health and aged care – international perspective: Life sciences: Australia and UK trends
32:33
32:33
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32:33
Hall & Wilcox partner and co-lead of our National healthcare sector group Alison Choy Flannigan chats with James Fry, a partner and head of life sciences at UK firm Mills & Reeve about key trends in life sciences in the UK, Europe and Australia, including the accelerated pace of technology and the associated legal issues it brings, regulatory chang…
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Doing Business in Australia: tax and customs compliance
19:39
19:39
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19:39
Mark Dunphy and Jacqueline McGrath discuss Australia’s customs system and outline its particular requirements, including permits, the role of customs brokers, recent customs trends, penalties for false statements and why it’s critical to obtain advice about the valuation of goods to be imported.
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Doing business in Australia: spotlight on the US
18:59
18:59
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18:59
Mark Dunphy and Jacqui Barrett discuss key issues for investors and companies from the United States to understand about the Australian market, including business structures, the need for resident directors, what sectors in Australia that US entities are investing in, and what Australian laws US companies will find different to their home markets.…
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Doing business in Australia: international wealth and cross border succession planning
21:39
21:39
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21:39
Many Australians have a connection to another jurisdiction, whether they are born overseas, have parents or children who were or own assets overseas. International connections create complexity around succession planning and wealth. Mark Dunphy, Emma Woolley and James Whiley discuss why it’s essential to make a plan that covers multiple jurisdictio…
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Doing business in Australia: employment and migration trends
27:35
27:35
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27:35
Oliver Jankowsky, Mark Dunphy and Kristopher Kunasingam discuss the latest employment and migration trends in Australia, including Australia’s complex and multi-layered system of employment laws, termination rights, what happens to an employee’s visa if their job is terminated, restraints of trade, the changes in Australia’s sexual harassment laws,…
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Doing business in Australia: the Foreign Investment Review Board – key takeaways for foreign investors or advisors
17:46
17:46
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17:46
Mark Dunphy, Oliver Jankowsky and Ranny Fan discuss Australia’s Foreign Investment Review Board (FIRB) regime: what it does, what transactions are subject to FIRB notification, the different criteria applied to private investment and foreign government investors, FIRB thresholds, what conditions FIRB applies to approvals and key tips for foreign in…
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Spotlight on Aged Care: Insurance and risk factors facing aged care
27:37
27:37
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27:37
Alison Choy Flannigan and guest Lyle Steffensen from Lockton discuss the potential risk and insurance implications of the proposed new Aged Care Bill for both individual board members and organisations in the aged care sector. The discussion covers crucial risk and insurance considerations for aged care boards, including the need to understand exis…
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1
Spotlight on Aged Care: Employment and tax issues facing the aged care sector
24:10
24:10
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24:10
Karl Rozenbergs, Clare Kerley and Anthony Bradica discuss employment and tax issues facing the aged care sector, including how to avoid underpayments and the remediation cost of fixing them, enterprise agreements, the positive duty to prevent sexual harassment in the workplace, psychosocial reforms, same job same pay reforms, and the importance of …
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1
Spotlight on Aged Care: Restructuring in aged care
22:11
22:11
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22:11
Partners Alison Choy Flannigan and Mark Petrucco, and guest Anthony Connelly from McGrathNicol, discuss how the pace of change, supply chain issues, general inflationary pressures and aged care reforms are causing some approved providers to consider restructuring. They outline legal, commercial and financial issues boards should consider if restruc…
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Spotlight on aged care: Aged care reforms – what is proposed and how it will impact providers
21:52
21:52
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21:52
Partners Karl Rozenbergs and Alison Choy Flannigan, and guest Selina Gerner, a partner at McGrathNicol, outline the Federal Government’s proposed new Aged Care Bill, which will see a significant shift in accountability for aged care approved providers and place greater emphasis on proactive risk assessments and management, and discuss how they are …
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Spotlight on aged care: Mergers and acquisitions and governance issues in aged care
29:04
29:04
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29:04
Aged care reform is likely to result in more consolidation in the aged care sector. Partners Karl Rozenbergs and Alison Choy Flannigan and guest Andrew Fressl, from McGrathNicol, discuss the unique operational, business and financial issues in considering a merger or acquisition with another approved aged care provider. It is vital to be prepared a…
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Building better boards and leaders – Generative AI: benefits and risks
26:06
26:06
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26:06
Suzie Leask, Lisa Ziegert and guest Katie Scott from Microsoft discuss the benefits and risks involved in using generative AI, which can accelerate research and development, personalise customer experience at scale and solve complex problems. But risks include ‘hallucination’, bias, improper use and corporate governance issues, such as confidential…
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The ECM Exchange: Key changes to the ASX Corporate Governance Principles and Recommendations – draft 5th edition
15:34
15:34
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15:34
John Hutchinson and Chris Wright discuss the draft 5th edition of the ASX Corporate Governance Principles and Recommendations, which represent an evolution rather than a revolution in best practice standards for governance. Proposed changes include an increased emphasis on stakeholder engagement, director remuneration, increased climate and sustain…
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Building better boards and leaders: employee fraud and corruption – part 2
17:38
17:38
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17:38
Suzie Leask, Julian Hammond and David Catanese discuss what directors can do to try to prevent employee fraud and corruption from occurring, how to implement a strong workplace culture of integrity and transparency, and provide some tips on how to deal with worst-case scenarios.
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The ECM Exchange: Proposed changes to wholesale client and sophisticated investor tests
10:50
10:50
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10:50
John Hutchinson and Vanessa Murphy discuss proposed changes to the wholesale client and sophisticated investor tests, which have not been updated since 2001. They examine what the tests are, how they are used and how the changes may impact companies wishing to raise capital, among other issues.
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Building better boards and leaders: employee fraud and corruption – part 1
14:01
14:01
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14:01
Suzie Leask, Julian Hammond and David Catanese discuss employee fraud and corruption. What are the key workplace issues? What structures and processes can boards have in place to deal with alleged employee fraud?
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John Hutchinson, Deborah Chew and Michelle Eastwell discuss convertible notes: what are they, how and when can they be used as a fundraising option and what is the ASX’s view of convertible notes? They also offer some tips for listeners on the use of convertible notes.
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Building better boards and leaders: privacy and cyber readiness
22:33
22:33
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22:33
Suzie Leask, Eden Winokur and Alison Baker discuss current cyber and privacy issues facing boards and directors, why cyber and privacy need to be on the agenda at every board meeting, and offer tips on how boards and directors can be cyber and privacy ready.
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The ECM Exchange: Climate reporting and financial reports
15:37
15:37
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15:37
John Hutchinson, Suzie Leask and Sevan Gore discuss a new Bill that sets up the mandatory Australian climate reporting framework and will affect how organisations prepare their financial reports and collect data. They outline which companies will be affected, when reporting requirements will commence, and director liability, among other issues.…
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Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 2
13:59
13:59
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13:59
Scott Butler, Jacqui Barrett and Nicole Tumiati discuss what happens when there’s a complete breakdown between the parties, what owners should keep in mind when negotiating a restructure involving the exit of an owner, and issues to consider if you are the person leaving the organisation.
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Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 1
21:51
21:51
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21:51
Scott Butler, Jacqui Barrett and Nicole Tumiati discuss how professional services firms can restructure equity and manage owner exits, especially when things get tough. They look at the common reasons why a firm may change its ownership structure – both good and bad – and the key obstacles owners may face to negotiate an acceptable outcome.…
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Spotlight on Construction Law: Green construction and carbon emissions: a contractor’s view
12:46
12:46
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12:46
Sam Kelsey and guest Julia Halioua from the Footprint Company continue their discussion about green construction, looking at carbon emissions from a contractor’s perspective. With a large portion of a contractor’s emissions coming from its supply chain, Sam and Julia offer tips on how contractors can reduce their emissions and effect change in the …
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Risk Ready: business restructuring – Common tax issues in business restructures
18:42
18:42
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18:42
Tax issues are core to any business restructure and must be considered at the beginning of any restructure planning. Scott Butler and Jim Koutsokostas discuss common tax and duty consequences, how these may differ from state to state, and why involving a tax lawyer early in the process can help avoid some nasty surprises later.…
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Spotlight on Construction Law: Green construction and carbon emissions: a developer’s view
18:48
18:48
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18:48
Sam Kelsey chats with guest Julia Halioua from the Footprint Company about green construction, which is sustainable and environmentally friendly construction with a focus on carbon emissions. Sam and Julia discuss carbon emissions from a developer’s point of view: what are they? How are they measured? What can you do to reduce emissions? And why sh…
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Risk Ready: business restructuring – Safe harbour and insolvent trading
13:30
13:30
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13:30
Scott Butler and Mark Petrucco discuss how safe harbour provisions protect directors against potential insolvent trading liability while restructuring companies, how to access the provisions, and the importance of engaging good advisors to steer the right course.
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Risk Ready: business restructuring – When is a director personally liable for a company’s outstanding tax debts?
19:34
19:34
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19:34
Scott Butler and David Dickens discuss how a director may become liable for unpaid taxes under the Director Penalty Regime, why it’s critical that directors lodge activity statements, and what options are available if a director receives a Director Penalty Notice.
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Building better boards and leaders – ESG insights: new risks, compliance and sustainability metrics that matter – part 2
20:03
20:03
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20:03
Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss recent interesting cases that provide guidance on the ways in which boards need to manage ESG-related risks, why climate and nature related risks and dependencies, including throughout the supply chain, are something directors and boards need to con…
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Building better boards and leaders – ESG insights: new risks, compliance and sustainability metrics that matter – part 1
36:45
36:45
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36:45
What should boards and businesses have on their radar about ESG? Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss how to use data to help set targets, how collecting the right data can help mitigate ‘greenwashing’ and ‘greenhushing’ claims, why planetary boundaries are a critical measure of what a…
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Building better boards and leaders: Boards behaving badly
35:22
35:22
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35:22
Where can boards go wrong and what happens if they do? In an environment where compliance demands on boards are extraordinary, Suzie Leask, Julian Hammond and Steve Knight discuss why boards might lose their way, lessons on what not to do, and advise directors on how best to manage ‘boards behaving badly’ issues.…
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Building better boards and leaders: How to build legally compliant, healthy and inclusive organisations
31:33
31:33
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31:33
What transformational cultural change is needed to comply with the Positive Duty under the new Respect @ Work and build diverse, healthy, inclusive and respectful workplaces? Fay Calderone and Suzie Leask discuss this and outline practical steps leaders can take to ensure compliance and moving beyond it.…
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Building better boards and leaders: Key issues facing boards and executive leaders
23:11
23:11
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23:11
Fay Calderone and Suzie Leask discuss the key compliance issues boards and executive leaders need to be aware of, from Respect @ Work and everchanging workplace relations laws to cyber security, ESG to corporate governance.
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Living the law grad life – Q&A with our law grads: answering our listeners’ questions
24:40
24:40
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24:40
Hosts Sean Kempel and Ariana Saropoulou are joined by Isabella Emanuel, Stephanie Malamas and Victor Yeo to answer questions we received during the season from our listeners. We cover the most challenging and rewarding parts of being a grad at Hall & Wilcox, how to build confidence, why keeping an open mind and having a positive attitude are key at…
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Living the law grad life – From law graduate to partner: two Hall & Wilcox career stories
17:20
17:20
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17:20
Hosts Sean Kempel and Ariana Saropoulou interview two of Hall & Wilcox’s newest partners, Vanessa Murphy and Ben Cotter. Vanessa and Ben speak about their journey to partner, the areas they practice in and why they chose those areas, how their roles and responsibilities have changed since they were promoted to partner, and offer some advice to grad…
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Living the law grad life – Bring your whole self to work: work/life balance in the legal industry
22:04
22:04
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22:04
Jacob Uljans discusses with hosts Ariana Saropoulou and Sean Kempel the importance of work/life balance and why it’s crucial to develop strategies to ensure that work does not become all encompassing. Jake also speaks about his role as National Graduate Partner and the importance of a great graduate program.…
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Living the law grad life – Pro bono: giving back to the community
21:46
21:46
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21:46
Nathan Kennedy and Dan Poole chat about our pro bono and community program with hosts Ariana Saropoulou and Sean Kempel. They talk about how pro bono makes a difference in people’s lives, how the skills learned make for better lawyers, and share their stories about why they love working in this area. Find out more about our Pro Bono practice.…
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John Hutchinson, Michelle Eastwell and Sevan Gore discuss cleansing notices, which are an important part of any capital raising toolkit. What is a cleansing notice, when would you use one and what happens if there is a breach of any of the cleansing notice requirements?
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1
New unfair contract terms regime: are you ready?
25:26
25:26
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25:26
The new unfair contracts terms regime comes into force from 9 November. The ACCC and ASIC have signalled that this will be an enforcement priority, and so the new regime will be an important part of a business’s risk and compliance program. Suzie Leask, James Deady and Mark Lebbon outline the changes, which include significant civil penalties and a…
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The ECM Exchange – Shareholder activism and defamation
13:09
13:09
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13:09
John Hutchinson, James Morvell and Hamish McNair discuss how defamation issues may arise when claims are made against companies or individuals within companies, what defences are available and how to prevent these issues arising in the first place.
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Living the law grad life – Busting insurance myths with Matt Curll
21:45
21:45
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21:45
Matt Curll busts some myths around insurance law with hosts Ariana Saropoulou and Sean Kempel. He also chats about what he loves about insurance law, the skills good insurance lawyers need, and why insurance law is an exciting and challenging area to practice in. Do you have any burning questions for our grads? Submit them below.…
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The ECM Exchange – ESG: what listed entities need to know
16:21
16:21
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16:21
Environmental, social and governance (ESG) issues are a big topic in corporate life but have particular importance for listed entities, given the public nature of ESG disclosures, investor interest and the potential for regulatory and class action risk. John Hutchinson, Julian Hammond and Vanessa Murphy discuss the change in ESG emphasis from regul…
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Spotlight on Construction Law – Construction contracts: any quick fixes to reduce the risk of insolvency? An expert's view
13:40
13:40
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13:40
Stefan Fenk chats with guest David Gibson, CEO of DGA Group, a specialised construction global consulting firm, about advance payment and price adjustment clauses. These are two quick fixes that can be incorporated into construction contracts that might reduce the risk of contractors going insolvent. David shares his knowledge and experience of the…
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The ECM Exchange: How to prepare for AGM season
15:37
15:37
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15:37
With companies gearing up for AGM season, John Hutchinson and Deborah Chew discuss how to best prepare for AGMs, including whether meetings will be in-person, virtual or hybrid, typical resolutions and areas of possible controversy.
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Living the law grad life – Early careers recruitment: preparing for law graduate and clerkship applications and interviews
15:16
15:16
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15:16
Hosts Sean Kempel and Ariana Saropoulou chat with Partner Elisa Paxton and Senior National Early Careers Advisor Gilda Carter about why blind recruitment during the clerkship and graduate application process is so important, how to make your application stand out, how to prepare for an interview and why grads should consider applying to Hall & Wilc…
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Tax Records – Cyber security and data privacy: how it could impact you
35:31
35:31
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35:31
What practical steps can tax practitioners, accountants and other professionals take to protect the confidential data of their clients? Eden Winokur and Bradley White discuss two of the most business critical issues facing organisations today: cyber security and data privacy.
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Tax Records – Australia’s individual tax residency rules – proposed changes
31:31
31:31
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Adam Dimac and Todd Bromwich discuss Treasury’s proposed changes to Australia’s complex tax residency rules for individuals, highlighting the key changes, how they may work in practice and what changes they hope to see in the final proposal.
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Spotlight on Construction Law – Construction contracts: any quick fixes to reduce risk of insolvency?
9:33
9:33
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9:33
Stefan Fenk and Sam Kelsey discuss whether there are any ‘quick fixes’ that can be incorporated into construction contracts that might reduce the risk of contractors going insolvent, focusing on advance payment and price adjustment clauses.
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Living the law grad life: Working at Hall & Wilcox – hear from our Managing Partner
24:27
24:27
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24:27
Hosts Ariana Saropoulou and Sean Kempel chat to Tony Macvean, who outlines his career journey from articled clerk to managing partner, what he loves about the firm, how our Hallmarks articulate and drive our respectful culture, why collaboration is our superpower, what he learned as a leader during Covid, and he shares his advice for law graduates.…
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Tax Records – What to consider when selling a professional services business: part 2
21:25
21:25
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21:25
In part 2, Frank Hinoporos, Chris Brown and guest Jason Phillips from JNP Advisory discuss key due diligence issues presented during the sale of a professional services business including structure, employees and employment agreements, insurance, and clients and existing arrangements. Read Jason's profile.…
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Tax Records – What to consider when selling a professional services business: part 1
19:12
19:12
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19:12
What issues should be considered when contemplating a sale of a professional services business? In part 1, Frank Hinoporos, Chris Brown and guest Jason Phillips from JNP Advisory discuss how to maximise the benefits while managing the risks. Read Jason's profile.
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