In this episode, Tim Stutt and Mel Debenham are joined by Kathryn Pacey, environment and planning partner to discuss HSF’s report on Unlocking ESG Investment in Australia, and the long road for businesses assessing their supply chain and how to balance immediate pressures with long term ambition. 60% of our report’s survey respondents, comprising more than 100 business leaders, say their company has a net zero commitment ranging between now and 2050, but 40% say the commitments don’t reflect Sco...
Dec 22, 2022•24 min
In this episode we deep dive into the recently passed Secure Jobs, Better Pay Act, which is set to have a significant impact on the industrial relations environment in Australia. Rohan Doyle, Natalie Gaspar and Nicholas Ogilvie discuss how enterprise bargaining will change under these new laws, and the work that employers will need to do to best position themselves for this new bargaining environment.
Dec 14, 2022•34 min
In this episode of On Just Terms, Jason Betts is joined by The Hon. Justice Sarah C Derrington AM President of the Australian Law Reform Commission (ALRC), their discussion covers reforms to class actions practice, changes to the corporations law and the future direction of commonwealth law reform. Her Honour shares insights into the factors impacting class actions, approaches to modern litigation including mega-litigation, the future of the ALRC, and the role serendipity has played in her caree...
Dec 14, 2022•28 min
In this episode Mark Peters and Toby Eggleston discuss the latest in the world of NSW stamp duty. A must listen for those in property and infrastructure. More details can be found on blog here: https://hsfnotes.com/taxaustralia/2022/11/15/nsw-stamp-duty-reforms-change-of-beneficial-ownership-where-have-we-landed-significant-changes-to-leases-and-option-transactions/
Dec 14, 2022•21 min
Join Robert Hunt, Cameron Dunstan-Smith and Brian Spiro for the second episode of our investigations podcast series where they will be discussing dawn raids. This episode will explore key themes when dealing with a dawn raid, including the importance of preparation, how best to confront them when they arise and what can be done to prevent a raid from happening. They will also share practical lessons learnt from their own personal experiences. If you have any questions, please do not hesitate to ...
Dec 14, 2022•34 min
In this Christmas Special edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Elena Kormosh, Scott Warin, Tom Wyer and Catherine Bagge. You can find links to our blogs on the cases covered in this podcast below: • High Court confirms interest rate swaps entered into...
Dec 13, 2022•27 min
In the latest podcast from the Herbert Smith Freehills' pensions team, Olivia Kettleborough, our Professional Support Paralegal is joined by Tim Smith, our Professional Support Consultant to look back at 2022 and to look ahead to the key developments in store for pension scheme sponsors, trustees and providers as we move into the New Year. These include: • the new DB statutory funding requirements; • pension dashboards; and • the Consumer Duty. Tim also shares a couple of other developments to l...
Dec 12, 2022•11 min
In our final edition of the Safety Leadership Series for 2022, Steve Bell and Aaron Anderson are joined by Special Counsel, Lucy Bochenek to swap notes from their years of experience supporting employers and individuals following serious workplace incidents. The team reflect on the issues and decisions that really matter in the days, weeks and months following an incident: • What happens next, preparing for the long haul • Navigating the regulator’s investigation • Supporting impacted workers an...
Dec 07, 2022•39 min
In this episode, Tim Stutt and Mel Debenham are joined by Jacqui Wootton, disputes partner and co-head of HSF’s Australian corporate crime and investigations practice. In our second episode unpacking HSF’s report on Unlocking ESG Investment in Australia, we are firmly focussed on the “S”, a key issue emerging from our survey of more than 100 business leaders on accelerating investment in ESG outcomes. 80% of respondents say they have reviewed or plan to review their ESG policies and operations, ...
Dec 07, 2022•21 min
In this podcast, Damian Grave, Gregg Rowan and Maura McIntosh discuss the evolving landscape for class actions in England and Wales. The presenters are the general editors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the first in a new series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at particular topics of interest relating to class action...
Dec 07, 2022•16 min
The director's cut of Tony Damian and Andrew Rich's last episode for the year - M&A predictions meet Christmas lights (with a post-credits bonus)!
Dec 01, 2022•2 min
In this episode, Mel Debenham and Tim Stutt are back at the wheel to launch HSF’s report on Unlocking ESG Investment in Australia. The report unpacks the findings from our survey of more than 100 business leaders on the size and shape of the ESG investment challenges and opportunities. With the help of expert interviews across industry, the report explored the uncertainty about risk, returns and regulation to be addressed for businesses to adapt at the scale and speed to meet shifting investor a...
Dec 01, 2022•14 min
In this 16th episode of our series of commercial litigation update podcasts, we look at a couple of recent decisions relating to privilege, two interesting Court of Appeal decisions on good faith and force majeure respectively, and finally we discuss the recent Supreme Court decision in the BTI v Sequana case, which clarifies when directors owe obligations to consider the interests of creditors. This episode is hosted by Anna Pertoldi, a partner in our litigation team, who is joined by Maura McI...
Dec 01, 2022•17 min
In this episode we again change pace from looking at industrial relations reform, and instead explore the practical problems employers are facing in getting enterprise agreements approved. Wendy Fauvel joins Rohan Doyle and takes us through the top six issues we are seeing of late with enterprise agreement approval applications and the process more generally. They also highlight the importance of clarity in the drafting of enterprise agreements given the risk of payroll compliance issues. This w...
Dec 01, 2022•20 min
In this episode of On Just Terms, Jason Betts is joined by Jacob Varghese Chief Executive Officer of Maurice Blackburn Lawyers to discuss the litigious environment relating to social justice causes including their models of funding. Jacob shares his perspectives on the use of class actions to seek access to justice, the regulatory pyramid, group costs orders, and emerging trends including the gig economy, and crypto. They also discuss the legal profession more broadly and the economic realities ...
Nov 30, 2022•35 min
In episode 17, Emma and Rebekah are joined by Julie Chiu, a Senior Associate in Herbert Smith Freehills’ London office, to discuss a number of lawsuits playing out in the United States and Europe in relation to patents for Covid-19 vaccines – with so many players involved in developing the vaccines, and given the success of the vaccines, it is not surprising that some disputes have emerged. So who is suing who?
Nov 21, 2022•12 min
In episode 16, Emma and Rebekah are joined by Andrew Wells from Herbert Smith Freehills’ London office to talk about the role of intellectual property rights in a rapid and fair renewable energy transition. Global players are competing to set increasingly ambitious net-zero emissions targets. Do patents help or hinder the innovations needed to achieve these goals?
Nov 15, 2022•14 min
In this episode of On Just Terms, Jason Betts is joined by President of the NSW Court of Appeal, the Honourable Justice Julie Ward. Her Honour shares perspectives on efficient management of complex litigation, challenges presented by class action multiplicity, and the evolving nature of legal practice in the post pandemic era. Elevated to the bench from partnership, Justice Ward shares her unique understanding of the interactions between corporate lawyers and the courts - discussing procedural f...
Nov 09, 2022•26 min
In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Elena Kormosh. You can find links to our blogs on the cases covered in this podcast below: • High Court considers application of COBS and Braganza duty to close out of trading account https://hsfnotes.com/ba...
Nov 07, 2022•19 min
In the first episode of our new Chinese language podcast, Gerald Leong (a Senior Associate in our Arbitration practice in London) and Alizee Zhang (a Senior Associate in our Corporate practice in Shanghai) discuss the key sources of English law and some points of comparison with PRC law. The series will focus on the importance of the UK-China investment corridor and introduce our China-based clients to the key commercial and legal issues in investing in the UK market. 在这个系列节目中,本所律师将对英格兰法律的不同领域进行...
Nov 04, 2022•15 min
In this episode of On Just Terms, Jason Betts is joined by Cain Jackson Partner of Wotton Kearney and Paul O'Brien Director of YPOL. Together they discuss the growth in class actions and its impact on insurance markets, as well as the ESG exposures shaping the next chapter of risk. From the impact of litigation trends on insurance markets, through reconciling individual stakeholder interests, and how consideration of corporate culture may be being overshadowed by climate concerns – this conversa...
Nov 02, 2022•40 min
In the first episode of our new investigations podcast series, join Robert Hunt, Elizabeth Head and Eamon McCarthy-Keen who offer an insight into what this series will cover, the key steps in an investigation, initial considerations, the typical challenges associated with investigation scoping and immediate priorities once an investigation is underway. If you have any questions, please do not hesitate to contact the team.
Nov 02, 2022•29 min
In the second outing of Himalayan Bites, Tony Damian and Andrew Rich survey the big issues in pre-bid stakes.
Nov 01, 2022•4 min
Tony Damian and Andrew Rich chat about all things M&A on "Himalayan Bites". First up, To Scheme or Not to Scheme? Things to consider as you contemplate your next public M&A adventure.
Nov 01, 2022•4 min
In this episode of our public M&A podcast series, we discuss the Takeover Panel’s recent consultation paper (PCP 2022/2) on the definition of ‘acting in concert’, in particular the Panel’s proposed approach to: • groups of companies; • investment trusts; and • other investment entities. It is important for affected entities to understand the impact of the proposed rule changes, even if they do not intend to undertake any public M&A.
Nov 01, 2022•25 min
In this episode we take a break from industrial relations reform and instead share insights on the enterprise bargaining environment in Australia. Rohan Doyle and Anthony Wood discuss what employers are currently seeing at the bargaining table, including some interesting statistics on what is quite a unique bargaining environment.
Oct 31, 2022•21 min
Join Malika Chandrasegaran, Partner and Mia Harrison-Kelf, Senior Associate as they kick off our new podcast series which will explore the who, the what, and the why of tech deals across the Asia-Pacific region.
Oct 28, 2022•11 min
Southeast Asia is said to be one of the fastest growing and one of the most active regions for tech deals in the world, so in this episode we’ll be taking a whistle stop tour around the region to talk about some of the key recent trends in tech transactions. Join our host, Malika Chandrasegaran, Corporate M&A Partner, with special guests Vik Tang, Partner and Head of Corporate in our associated Indonesian law firm Hiswara Bunjamin & Tandjung, and Victor Chiew, Director at our associated ...
Oct 28, 2022•26 min
In this episode of On Just Terms Jason Betts is joined by two of Herbert Smith Freehills partners, Aoife Xuereb and Bryony Adams, to discuss emerging themes in the litigation and regulatory contexts, perspectives on product liability and Anti-Money Laundering and Counter-Terrorism Financing (AMLCTF), and the meaning of commerciality for litigators. Their discussion covers the observance of overseas trends in ESG, cyber and data considering Australia’s commercial litigation framework’s response, ...
Oct 26, 2022•30 min
In this third episode in our series, Professor Graeme Cooper and partners Toby Eggleston and Ryan Leslie share insights on the 2022 Federal Budget.
Oct 25, 2022•19 min