Class Actions Fireside: "Rethinking Risk: Inside Class Actions" Series - The Class Actions Landscape In Australia Herbert Smith Freehills Podcasts podcast

15:14

In this Easter edition of the public law podcast, Jasveer Randhawa is joined by HSF partners Nusrat Zar and James Wood. Together, they discuss the application and availability of public law in a contractual context. They then delve into the cases of Sarcp and Clifford to consider the duty to consult and the Gunning principles. To conclude, they explore approaches to the extension of Convention rights and reflect on public law courts' willingness to carry out and safeguard their role in cases ranging from environmental protection to unfairness relating to policy changes. Don’t forget to subscribe to the channel to receive updates on future episodes. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner). You can find out more about the cases covered in this podcast on our blog at the following links: Court of Appeal finds contractual dispute resolution process amenable to judicial review How (not) to consult: consultation and the Gunning principles in operation No interest here: High Court refuses to extend extraterritorial scope of the European Convention on Human Rights European Court of Human Rights finds first violation of Convention rights based on climate change European Court of Human Rights finds state failure to deal with decades of large scale pollution breaches right to life…

Herbert Smith Freehills Podcasts

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Investigate 360: EP10 – The ‘new’ tipping off offence – what you need to know 22:25

hace 5 días22:25

22:25

Reforms to the ‘tipping off’ offence under section 123 of the Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) came into force from the 31st of March. The revised offence differs significantly from the former regime and will have significant implications for the day-to-day practices of many Australian businesses. In this episode, HSF Partners Bryony Adams and Alice Molan, and Senior Associate Daniel Hyde, outline how the revised offence differs from the former, discuss key themes emerging from AUSTRAC’s recently released guidance, and provide some thoughts on what the reforms might mean for reporting entities and others.…

Herbert Smith Freehills Podcasts

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Cross Examining Cyber EP16: Cross Examining Mark Rigotti 37:22

hace 12 días37:22

37:22

In this episode, we cross examine Mark Rigotti, Managing Director and Chief Executive Officer of the Australian Institute of Company Directors (AICD), technically the largest director institute in the world with 53,000 members. Mark has had a remarkable career, including as Global CEO at Herbert Smith Freehills for two terms over 2014-2020 (based in London). He was also Chair of the firm's Global Executive, Chair of the Global Diversity & Inclusion Group and a Member of the HSF Global Partnership Council. Prior to becoming the Global CEO of HSF, he led a number of practice groups including the Banking and Finance Group as well as the Corporate Group. In this podcast we go deep into cyber governance, we look at the role of the AICD, the challenges faced by the board before / during an incident, how you measure risk for your businesses and make risk based decisions. We also take a closer look at trust at the board table – both between directors and between management. I had to ask Mark about the role of the lawyer in cyber…his observations are spot on. Thanks again for listening. This is Cross Examining Mark Rigotti, CEO of the AICD. Here we go……

Herbert Smith Freehills Podcasts

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Public M&A EP33: The return of the bear hug 9:11

hace 12 días9:11

9:11

In this episode we discuss "bear hugs", that is where a potential bidder for a target goes public about its possible offer without the target board's consent and appeals directly to the target's shareholders.We talk about: why a bear hug might be used by a bidder; where we have seen them used in recent months; and why we are seeing more of them.…

Herbert Smith Freehills Podcasts

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LPP: The Legal Privilege Podcast (Aus) EP9 – Privilege and collaboration platforms 20:13

hace 17 días20:13

20:13

Join our experts as they discuss how to approach legal professional privilege in the context of collaboration platforms such as Microsoft Teams, Slack and WhatsApp, particularly in light of possible requirements to produce documents to regulators, discovery obligations and other litigation processes.…

Herbert Smith Freehills Podcasts

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Inside IR (Australian Industrial Relations) EP26: Election Special 23:07

hace 21 días23:07

23:07

Recorded 31 March 2025 This election special of Inside IR looks at the upcoming 2025 Australian Federal Election through an industrial relations and employment lens. Given the vast amount of reform over the last 3 years, what does the next term of federal politics look like? Our team explores how the major parties are approaching their election campaigns, as well as the key roles that the independents are once again expected to play. Drew Pearson (Partner) and Natalie Gaspar (Partner) first set the scene with a brief history on IR reform over the last couple of decades and how we arrived where we are today, and discuss the potentially crucial role of the independents in the next Parliament. Wendy Fauvel (Partner) and Rommo Pandit (Executive Counsel) then touch on the ALP’s agenda, and the ACTU’s proposals that we may see the ALP adopt, including in relation to bargaining, superannuation, consultation and AI, and whistleblowing.…

Herbert Smith Freehills Podcasts

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Public Law EP19: Transparency in AI - The legal principles governing decision-making by public authorities and regulators 14:27

hace 26 días14:27

14:27

In this edition of the Herbert Smith Freehills Public Law Podcast, Andrew Lidbetter and Hannah Lau explore the issue of transparency in driven decision-making which involves AI public bodies and regulators. With AI being used increasingly to inform regulatory and public body decisions, we discuss the challenge that a potential lack of transparency poses and explore the current legal position. We unpack how pre-established legal principles might assist (or may need to evolve) in holding regulators and public bodies accountable when it comes to transparency in decision-making which involves AI. Join us as we reflect on some of the legal complexities in this ever-developing area.…

Herbert Smith Freehills Podcasts

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Insurance Bites EP3: Insurance implications of the motor finance broker commission cases 15:14

hace 27 días15:14

15:14

In this latest episode of Insurance Bites, partners Greig Anderson and Antonia Pegden and associate Meena Mariadassou explore the insurance implications of the motor finance broker commission cases (Johnson v FirstRand Bank; Wrench v FirstRand Bank; Hopcraft v Close Brothers).The Supreme Court hearing of this case begins this morning, and could have significant consequences for financial services policyholders in the UK - this episode gives an overview of the case, and practical steps to take from a coverage perspective. You can find links to our blogs and podcasts on the cases covered in this podcast below: Court of Appeal finds lenders liable in motor finance broker commission cases Secret commissions and indemnity policies: Insurance implications of Court of Appeal broker commissions decision in Johnson v FirstRand High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms Motor Finance: Where are we and where next? | Herbert Smith Freehills | Global law firm…

Herbert Smith Freehills Podcasts

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Inside IR (Australian Industrial Relations) EP25: Clear and unambiguous enterprise agreements – A pipe dream, or a necessity? 45:11

hace 28 días45:11

45:11

Given the recent commencement of criminal wage thefts laws, increase in the maximum civil penalties that can be awarded for wage non-compliance, and focus of the Fair Work Ombudsman on prosecuting wage non-compliance, it is more important than ever to get wage compliance right. But there is a feature of our industrial relations system that can sometimes make achieving compliance a rather difficult exercise…. We are of course talking about long, complex and ambiguous enterprise agreements. Many employers are saddled with enterprise agreements that are, at best, confusing, and at worst, internally inconsistent. They are a product of decades of enterprise bargaining – where words that were crafted 30 or so years ago have either been left as they were and considered too difficult to modernise, or been added to over time resulting in an unwieldly hodgepodge of obligations, entitlements, exceptions, and conditions. The cost and risk to business of managing compliance with these types of instruments is significant yet attempts to modernise terms during enterprise bargaining processes are often met with resistance. In our latest episode of our market-leading industrial relations podcast Inside IR, Partner Rohan Doyle and Senior Associate Mitchell Brennan grapple with this problem and explore potential solutions. Rohan and Mitchell: provide a refresher on the potential consequences of long, complex, and ambiguous enterprise agreements, including in light of recent IR reform; reflect on the reasons as to why some enterprise agreements have become a source of a significant non-compliance risk, and compliance cost, for some employers; and explore various paths that employers can take – both inside and outside of bargaining – to achieve clearer terms and conditions that are easier and more cost effective to comply with.…

Herbert Smith Freehills Podcasts

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The Pensions Exchange: Scale and growth: lessons from Australia 17:33

hace 28 días17:33

17:33

In our second episode on DC consolidation, we look overseas. The Government has held up Australia as a role model. We discuss the rise of the Australian "supers", and the way in which they invest. What are the lessons for the UK consolidation journey? From our Sydney office, leading financial services lawyer Maged Girgis shares his thoughts. Subscribe to the HSF Pensions Notes Blog .…

Herbert Smith Freehills Podcasts

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The Fraud Files EP8: Supply chain risks 14:42

hace 5 weeks14:42

14:42

This episode brings together our CC&I and ESG teams to consider supply chain risks, both in the context of failure to prevent fraud and of broader sustainability issues. Elizabeth Head, Kate Meakin and Rebecca Chin discuss whether suppliers are associated persons for the purposes of failure to prevent fraud, increased international expectations and requirements around human rights and environmental due diligence on supply chains, and the steps that companies can consider taking to address these risks. Further information on the topics covered in this episode can be found in these links: A summary of failure to prevent fraud is here Further information on ESG and money laundering issues in supply chains is here Information on the EU forced labour ban is here Information on the Corporate Sustainability Due Diligence Directive is here We discuss UK calls for the introduction of mandatory human rights due diligence here We discuss the EU's Omnibus proposals here . To receive our latest ESG insights, sign up to our ESG Newsletter here .…

Herbert Smith Freehills Podcasts

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Commercial Litigation EP30: General update 21:32

hace 5 weeks21:32

21:32

In this 30th episode of our series of commercial litigation update podcasts, we will discuss some recent decisions on privilege, a couple of high-profile cases on aspects of insolvency litigation, and some interesting cases on assignment and remedies. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Andrew Cooke, a disputes partner, and Camilla Macpherson, a knowledge lawyer in the commercial litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations Supreme Court confirms broad interpretation of section 423 Insolvency Act 1986 relating to transactions defrauding creditors Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment New claimant could not be substituted to breach of warranty claim where purported assignment ineffective Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss Podcast transcript…

Herbert Smith Freehills Podcasts

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Inside Arbitration Podcasts EP6: The Adverb that Changed Everything 19:37

hace 5 weeks19:37

19:37

The Adverb that Changed Everything: Arbitration, State Immunity and the case of General Dynamics v Libya Join Liz Kantor, Vanessa Naish, and guest, Andrew Cannon, as they explore the fascinating intersection of arbitration and state immunity in the Court of Appeal's decision in General Dynamics v Libya. They unravel how the addition of a single adverb in an arbitration clause could waive a state's immunity from execution. Discover the implications of this case for the enforcement of arbitral awards against states and the importance of precise drafting in arbitration agreements.…

Herbert Smith Freehills Podcasts

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Public M&A EP32: FCA Primary Market Bulletin on leaking of inside information on M&A 17:25

hace 6 weeks17:25

17:25

In this episode we talk about the Primary Market Bulletin 54 published by the FCA on the leaking of inside information on M&A transactions.We discuss:•the issues that the FCA identifies;•how the leaking of information may be unlawful disclosure under the UK Market Abuse Regulation; and•the warnings the FCA is giving to individuals, issuers and advisers.…

Herbert Smith Freehills Podcasts

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The Pensions Exchange: TPR investigations 10:56

hace 6 weeks10:56