Herbert Smith Freehills Podcasts

In this second part of our podcast on the Employment Rights Act 2025 reforms coming into force in April 2026, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, discuss the coming changes to collective redundancy protective awards and the implications of the new Fair Work Agency, including in relation to potential liability for backdated statutory holiday pay. They round up with a list of key actions for HR to take before 6 April 2026.

A new season of Employment Espresso Pods will cover the extensive employment law reforms being made by the Employment Rights Act 2025. In this first of a two-parter on the April 2026 changes, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, discuss the changes to statutory sick pay, family leave and whistleblowing. Further changes are covered in Part 2, along with a list of key action-points for HR.

In this podcast, pensions partner Michael Aherne speaks with three students who recently completed the Durham Law School Employability Course. Host: Michael Aherne (Partner, Herbert Smith Freehills Kramer) Speakers: Oliver Scott, Emily Bonney and Pa-ansu Ceesay

In this episode of our public M&A podcast series, we talk about share for share takeovers, or securities exchange offers. We look at the issues that need to be considered in the context of these deals under: • the new regime for offers of securities and prospectuses; • the Takeover Code; and • the UK Listing Rules. We also discuss whether we are likely to see more offers with share consideration in light of the new prospectus regime that came into force in January this year.

Sustainability pressures in banking are intensifying — even as ESG faces global pushback. In this episode, Heike Schmitz sits down with Ed Woolcock, Co‑Head of Energy Transition and Sustainability at Marsh Risk Consulting, to unpack why ESG‑related challenges continue to escalate across the banking sector. Drawing on insights from the Global Bank Review 2025, they explore how modern banks are navigating an operating environment defined by persistent complexity. From geopolitical fragmentation to rapid technological change and evolving workforce expectations, financial institutions increasingly find themselves at the centre of conflicting demands. A key theme of the discussion is how companies — and by extension, their banks — are being squeezed between diverging geopolitical priorities and mounting sustainability‑related risks. Ed and Heike examine the crucial role regulation may play in helping organisations manage these pressures, and why early recognition of sustainability‑driven risk trends is becoming a critical success factor for banks. The episode also connects to a wider article series produced by colleagues globally, which outlines why sustainability has shifted from a compliance exercise to a strategic imperative for banking operations. Read the full article: https://www.hsfkramer.com/insights/reports/2025/global-bank-review-2025/embedding-sustainability-into-banking-operations Read the Marsh report here: https://www.marsh.com/en/risks/climate-change-sustainability/insights/future-issb-sustainability-reporting.html Speakers: Heike Schmitz, Partner & Co Head of ESG EMEA at HSF Kramer Ed Woolcock, Co-Head Energy Transition & Sustainability of Marsh Risk Consulting

In this episode, we talk about a number of recent takeovers by way of scheme where the target shareholders have either voted the scheme down, or the vote has been very close. We also look at what parties can do if it looks like the vote will be close.

In this episode, we talk about a number of recent takeovers by way of scheme where the target shareholders have either voted the scheme down, or the vote has been very close. We also look at what parties can do if it looks like the vote will be close.

Workplace change is accelerating—and so are psychosocial risks. In this episode of Inside IR, Natalie Gaspar and Nerida Jessup explore how rapid organisational change is reshaping industrial relations, safety obligations and regulatory expectations, and what employers can do to better manage psychosocial risk. Note: Since filming, the NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2026. The Digital Work Systems Bill introduces new duties on persons conducting a business or undertaking to the WHS Act concerning the use of ‘digital work systems' and provides for expanded rights for WHS permit holders accessing a workplace.

What makes a great lawyer in a cyber incident response? This is a key question that I explored during part 2 of our podcast with Professor Ciaran Martin, a world leading cyber thought leader. The questions challenged Ciaran but he answered it succinctly as “one do and one don't”. The best incident leaders loosen control (the “do”), rather than tighten it (the “don't”). A damaging instinct in a crisis (often driven by impractical lawyering) is locking everything down and keeping help out for fear of liability. In practice, faster recovery usually comes from working openly with the broader cyber response community. Most people genuinely want to help. Here were my other favourite pieces of wisdom shared by Ciaran coming out of the discussion. 1. The “pyramid of liability” has inverted. When something goes wrong, we still reach for the easiest explanation – i.e. “someone clicked the link”. That's comforting, but it misses the point. Most incidents are really about upstream failures — poor software design, weak procurement choices, and a lack of accountability for vendors and platforms. Blaming frontline users (including our corporates) just ignores the real source. 2. Transparency after an incident doesn't destroy trust, but builds it. There's a strong instinct (again, I'm sorry, but often driven by legal) to say as little as possible. But if you actually look at major incidents over time, the organisations that were sensibly open about what happened and what failed didn't suffer lasting reputational or commercial damage. If anything, they earned goodwill — from regulators, peers and the broader ecosystem. The "what" are questions of fact and are often not protected by privilege anyway. 3. Cyber planning breaks down when it obsesses over data and ignores continuity. There are numerous examples in the healthcare space. Legal duties pushed decision‑makers to prioritise protecting data over keeping life‑saving services running. That's a structural flaw. In some crises, loss of service is far more harmful than loss of data — yet our frameworks don't always reflect that. 4. Along this line, operational outages are more dangerous than data breaches — and we're not ready for them. When ports, airlines or hospitals go down, the economic and social impact is immediate and severe. These aren't just “bigger data breaches”; they're a different category of risk altogether. Australia hasn't yet experienced one at scale, but when it does, the shock will be national. It's certainly my biggest fear. 5. Ransomware only works if we treat threats as credible. Data extortion relies on panic and amplification. Australia's experience shows that when institutions, media and law enforcement refuse to play along — and don't amplify stolen data — attackers lose leverage, even if data technically leaks. The economics of the cyber criminal model collapse surprisingly quickly. There's loads more in the full podcast (~20 minutes). Definitely worth a save and watching or listening on your commute to/from work. This is cross examining Professor Ciaran Martin – Part 2. Here we go…

Toby Eggleston, Ryan Leslie and Jay Prasad discuss recent Australian tax developments: the ATO's targeted consultation and planned updated guidance on the s128F public offer interest withholding tax exemption; anticipated ATO guidance (now indicated for early 2026) on back-to-back CGT rollovers and potential Part IVA risk; the Treasurer's request for a Board of Tax review of thin capitalisation reforms; and evolving FIRB tax conditions. 00:10 Welcome to Tax Bites & today's agenda 00:32 ATO consultation: Section 128F public offer IWT exemption (what's changing) 02:06 128F in practice: private credit complexity & evidence you'll need 03:53 Key takeaway: get 128F advice early before lender discussions 04:30 Back-to-back CGT rollovers: why the ATO is preparing guidance 05:04 Top-hat restructures, Bailador example & Part IVA risk focus 07:38 AusNet fallout, policy debate & Board of Tax review on rollovers 09:41 Board of Tax review: Thin cap reforms - scope, pain points, what may change 13:42 FIRB tax conditions: new tailored approach & the ATO tax questionnaire 16:30 Wrap-up: what we're watching for in tax in 2026

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 Jonah Oliver. Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Jonah Oliver (Associate). You can find out more about the cases covered in this podcast on our blog at the following links: High Court rejects attempt by Noteholders to remove and replace Trustee against wishes of Issuer https://www.hsfkramer.com/notes/bankinglitigation/2026-01/high-court-rejects-attempt-by-noteholders-to-remove-and-replace-trustee-against-wishes-of-issuer High Court finds UK broker did not breach contract by refusing to return funds to client subject to US sanctions https://www.hsfkramer.com/notes/bankinglitigation/2025-12/high-court-finds-uk-broker-did-not-breach-contract-by-refusing-to-return-funds-to-client-subject-to-us-sanctions High Court strikes out illegality defence premised on alleged breaches of US sanctions https://www.hsfkramer.com/notes/bankinglitigation/2026-01/high-court-strikes-out-illegality-defence-premised-on-alleged-breaches-of-us-sanctions High Court applies "scope of duty" principle to limit damages claimed for breach of so-called Quincecare duty https://www.hsfkramer.com/notes/bankinglitigation/2025-12/high-court-applies-scope-of-duty-principle-to-limit-damages-claimed Court of Appeal recognises "onerous clause doctrine" where terms are incorporated by reference https://www.hsfkramer.com/notes/bankinglitigation/2025-11/court-of-appeal-recognises-onerous-clause-doctrine-where-terms-are-incorporated-by-reference Supreme Court reshapes UK competition class actions landscape https://www.hsfkramer.com/notes/bankinglitigation/2025-12/supreme-court-reshapes-uk-competition-class-actions-landscape Government to legislate for enforceability of litigation funding agreements based on a share of damages https://www.hsfkramer.com/notes/bankinglitigation/2025-12/government-to-legislate-for-enforceability-of-litigation-funding-agreements-based-on-a-share-of-damages Banking Litigation Yearbook and broader Disputes Yearbook for 2025 https://www.hsfkramer.com/notes/bankinglitigation/2025-12/banking-litigation-yearbook-and-broader-disputes-yearbook-for-2025 2026 Global FSR Outlook: The Human Element | Herbert Smith Freehills Kramer | Global law firm https://www.hsfkramer.com/notes/bankinglitigation/2026-01/2026-global-fsr-outlook-the-human-element

In this episode of Insurance Bites, Greig Anderson, Partner, and Sarah Irons, Knowledge Counsel, from the Insurance & Professional Risks team, look at key developments impacting policyholders and the risks they face in the coming months. Topics explored include cyber risks and AI, evolving liability exposures (including changes to product liability legislation, PFAS and what is new in climate change related litigation), developments relevant to D&O cover, Government proposals on captives and SME terrorism cover. Below you can find links to our blog posts on the developments and cases covered in this podcast: • HSF Kramer AI Tracker – Tracking AI law and policy globally https://www.hsfkramer.com/insights/reports/ai-tracker • UK government looks set to introduce ransomware payment ban and mandatory reporting https://www.hsfkramer.com/notes/cybersecurity/2025-posts/uk-government-looks-set-to-introduce-ransomware-payment-ban-and-mandatory-reporting • Major changes to UK Cyber Legislation: Cyber Security and Resilience Bill published in UK Parliament https://www.hsfkramer.com/notes/cybersecurity/2025-posts/major-changes-to-uk-cyber-legislation-cyber-security-and-resilience-bill-published-in-uk-parliament • UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms https://www.hsfkramer.com/notes/litigation/2026-01/uk-jurisdiction-taskforce-consults-on-draft-legal-statement-on-liability-for-ai-harms • UK Insurance Regulation: looking ahead to 2026 https://www.hsfkramer.com/notes/insurance/2026-posts/uk-insurance-regulation-looking-ahead-to-2026 • Modernising the redress system: Fair and reasonable changes? https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/modernising-the-redress-system-fair-and-reasonable-changes • Lliuya v. RWE – Landmark German ruling recognising potential liability in principle of a local emitter for climate change harms in a foreign jurisdiction https://www.hsfkramer.com/notes/esg/2025-posts/lliuya-v-rwe-landmark-german-ruling-recognising-potential-liability-in-principle-of-a-local-emitter-for-climate-change-harms-in-a-foreign-jurisdiction • Milieudefensie Takes Legal Action Against ING Over Climate Impact https://www.hsfkramer.com/notes/esg/2025-posts/milieudefensie-takes-legal-action-against-ing-over-climate-impact • High Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with Brazil https://www.hsfkramer.com/notes/litigation/2025-03/high-court-allows-case-to-proceed-against-defendant-companies-domiciled-in-england-despite-claims-having-more-real-and-substantial-connection-with-brazil • Preliminary update in case regarding Shell responsibility for legacy oil pollution in Nigeria https://www.hsfkramer.com/notes/esg/2025-posts/preliminary-update-in-case-regarding-shell-responsibility-for-legacy-oil-pollution-in-nigeria • FCA advances next steps on non-financial misconduct https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/fca-advances-next-steps-on-non-financial-misconduct • Capital markets – new UK prospectus regime in force from 19 January https://www.hsfkramer.com/notes/corporate/2026-posts/capital-markets-new-uk-prospectus-regime-in-force-from-19-january?utm_source=email&utm_medium=email&utm_campaign=vuture

In this episode, we are joined by Professor Ciaran Martin, one of the globe's leading cyber thought leaders. He is often called upon by Governments, Government agencies and the private sector alike. He is also currently taking a leading educational role, demystifying the cyber space. Ciaran was the former head of the National Cyber Security Centre in the UK and played a critical role supporting the Australian Government in the creation of the Cyber Security Strategy. Our discussion with Ciaran was so interesting that we have broken it into two. In this part 1, we talk about Ciaran's various roles and how he has become such an important voice in the cybersphere. We also talk about the impact of geopolitics on the cyber threat. We know you are going to enjoy this discussion. Here we go...

This is the 35th episode of our series of commercial litigation update podcasts. In this episode we discuss some recent developments on litigation funding, opt-opt competition class actions and jurisdiction clauses, an important Privy Council decision on the "awareness requirement" in the tort of deceit, and the UK Jurisdiction Taskforce's draft legal statement on liability for harm resulting from AI. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by John Corrie, a banking litigation partner, and Camilla Macpherson, a knowledge lawyer in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Public access to court documents: Commercial Court pilot https://www.hsfkramer.com/notes/litigation/2025-11/public-access-to-court-documents-commercial-court-pilot • Government to legislate for enforceability of litigation funding agreements based on a share of damages https://www.hsfkramer.com/notes/litigation/2025-12/government-to-legislate-for-enforceability-of-litigation-funding-agreements-based-on-a-share-of-damages • Supreme Court reshapes UK competition class actions landscape https://www.hsfkramer.com/notes/litigation/2025-12/supreme-court-reshapes-uk-competition-class-actions-landscape • Commercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clause https://www.hsfkramer.com/notes/litigation/2026-01/commercial-court-dismisses-application-for-stay-on-basis-of-english-jurisdiction-clause-and-forum-non-conveniens-waiver-clause • Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-overturns-high-courts-interpretation-of-deferred-consideration-clause/privy-council-holds-no-requirement-in-deceit-claimant-consciously-aware-representation • UK Jurisdiction Taskforce consults on draft legal statement on liability for AI harms https://www.hsfkramer.com/notes/litigation/2026-01/uk-jurisdiction-taskforce-consults-on-draft-legal-statement-on-liability-for-ai-harms See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep35-transcript-branded.pdf

Recorded on 26 November 2025 As 2026 gets underway, join Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety. The team explores the key people related risks and opportunities facing employers, from payroll compliance and evolving WHS obligations to the impacts of AI, emerging technologies and organisational change, sharing practical insights to help businesses prepare for the year ahead.

The High Court issued judgment (in two parts) dismissing a Claims Management Company's judicial review application against the FCA. The judicial review sought to quash the FCA's decision to identify the firm in its announcement regarding the commencement of an investigation. Jon Ford, James Wood, and Michael Tan discuss the judgment and what it has to say about the "exceptional circumstances" test that the FCA will apply when deciding whether to identify firms under investigation. The judgment can be found here (Part 1): https://www.bailii.org/ew/cases/EWHC/Admin/2025/2614.html and here (Part 2): https://www.bailii.org/ew/cases/EWHC/Admin/2025/2615.html, and our blog post on the judgment can be found here: https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-dismisses-challenge-to-naming-announcement-by-the-fca.

In this January wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. Together, they discuss the extent to which a contractual context limits the scope of judicial review by reference to the case of Rydon Group Holdings, before delving into a challenge brought under the European Convention on Human Rights in Greenpeace Nordic v Norway. They then touch on the second subsidy control case brought to the Competition Appeal Tribunal since the introduction of the Subsidy Control Act 2022. To conclude, they discuss the FCA's approach to publicity surrounding investigations in CIT v FCA, and the Court of Appeal's clarification of the compensation rights available under the National Security and Investment Act 2021 where national security interventions interfere with property rights. 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: Contractual context limits scope of judicial review – but where does it leave us? https://www.hsfkramer.com/notes/publiclaw/2025-posts/contractual-context-limits-scope-of-judicial-review European Court of Human Rights adds to growing body of climate change caselaw https://www.hsfkramer.com/notes/publiclaw/2025-posts/european-court-of-human-rights-adds-to-growing-body-of-climate-change-caselaw New insights into legal challenges under the Subsidy Control Act 2022 https://www.hsfkramer.com/notes/publiclaw/2025-posts/new-insights-into-legal-challenges-under-the-subsidy-control-act-2022 High Court dismisses challenge to Naming Announcement by the FCA https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-dismisses-challenge-to-naming-announcement-by-the-fca Court of Appeal clarifies compensation rights under the National Security and Investment Act 2021 https://www.hsfkramer.com/notes/publiclaw/2025-posts/court-of-appeal-clarifies-compensation-rights-under-the-national-security-and-investment-act-2021

In this episode, we explore the first crucial step in joining the HSF Kramer Solicitor Apprenticeship programme. Get insider tips on preparing your application, standing out in interviews, and what the firm looks for in prospective apprentices. Hear directly from our Early Careers Recruitment team and current apprentices about their experiences and advice to help you succeed from the start.

A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.

In this episode of the Herbert Smith Freehills Kramer Tax Podcast, Tax Bites, partner Toby Eggleston, Associate Dan Beratis, and Ryan Leslie delve into the Full Federal Court's decision in the Commissioner of Taxation v Hicks case. They discuss the background, facts, and history of the case, which involved a fashion retail business named City Beach, its restructure, and the tax implications under Section 45B and Part IVA of the 1936 Act. The episode covers the court's reasoning, the taxpayer's and commissioner's arguments, and key takeaways from the case, including the interpretation of Section 45B, the role of purpose in tax legislation, and the application of anti-avoidance rules. Additionally, insights from the recent PepsiCo decision and the potential impacts on future tax cases are explored. 00:10 Introduction and welcome 00:29 Case background and facts 02:53 Restructure details 04:40 Commissioner's response 06:35 Full Federal Court's reasoning 07:51 Section 45B analysis 17:41 Part IVA analysis 24:10 Conclusion and final thoughts

Join Knowledge Counsels, Liz Kantor and Vanessa Naish, together with special guest Craig Tevendale, Partner and head of the HSF Kramer arbitration group in London, as they explore the most significant English arbitration cases and developments of 2025. In this episode, they discuss recent case law on the boundaries of arbitral confidentiality, time limits for challenging awards and competing dispute resolution clauses. They also look ahead to major decisions expected in 2026 on state immunity and the purpose and limits of the New York Convention. Offering practical insights for practitioners and clients navigating the evolving landscape of English arbitration, this episode will ensure that you stay on top of the latest trends and judgments shaping the field of commercial arbitration.

If you have just one podcast on your holiday listening list, this is it ¬— our Cross Examining Cyber: 2025 Summer Wrapped Podcast Special. In this episode, we bring together highlights from the last 12 months. Pearls of wisdom from our various podcast guests including the National Cyber Security Coordinator, Lt Gen Michelle McGuinness, CyberCX's Alistair MacGibbon, Karen Kukoda from Google Mandiant, CEO of the AICD Mark Rigotti, Tamir Maltz (Australia's leading cyber injunction barrister), Bruce Tonkin (CEO of auDA) and our very own Carolyn Pugsley, Christine Wong and Peter Jones. This is Cross Examining Cyber's 2025 Summer Wrapped Podcast Special. Here we go…

As 2025 draws to a close, join presenters Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety, reflecting on the year that was. In this final episode for 2025, we unpack the key developments in Employment, IR and Safety that shaped workplaces this year, and share lessons learned and tips for employers.

In this FESTIVE 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 Sarah Penfold, Charlotte Benton, Alexander Gridasov, Tom Wyer, Nic Patmore, Scott Warin and Tim Kyriakou. You can find links to our blog posts on the case covered in this podcast below: • High Court finds default interest clause in loan agreement is not an unenforceable penalty https://www.hsfkramer.com/notes/bankinglitigation/2025-11/high-court-finds-default-interest-clause-in-loan-agreement-is-not-an-unenforceable-penalty • County Court rejects discrimination claim on procedural grounds but finds refusal of financial services because a company is Russian owned would amount to direct discrimination https://www.hsfkramer.com/notes/bankinglitigation/2025-11/county-court-rejects-discrimination-claim-on-procedural-grounds • Privy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation made https://www.hsfkramer.com/notes/bankinglitigation/2025-11/privy-council-holds-that-there-is-no-legal-requirement-in-the-tort-of-deceit-to-show-that-a-claimant-was-consciously-aware-of-the-representation-made • High Court dismisses judicial review challenge of FCA's Naming Announcement https://www.hsfkramer.com/notes/bankinglitigation/2025-11/high-court-dismisses-judical-review-challenge-of-fcas-naming-announcement • High Court confirms that non-authorised fee earners cannot conduct litigation https://www.hsfkramer.com/notes/litigation/2025-10/what-can-a-non-admitted-fee-earner-do-when-working-on-litigated-matters • Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026 https://www.hsfkramer.com/notes/bankinglitigation/2025-09/commercial-court-pilot-will-mean-many-more-court-documents-publicly-available-by-default-from-1-january-2026 • 2025 Global Bank Review - Innovating amid turbulence https://www.hsfkramer.com/notes/bankinglitigation/2025-11/2025-global-bank-review-innovating-amid-turbulence Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In this episode, Steve Bell, Aaron Anderson and Olga Klimczak explore the evolving responsibilities of directors in managing workplace safety. The discussion covers critical hazards and controls, the impact of Queensland legislation, and the three pillars of managing critical risks effectively – diligence, governance, and reporting and transparency. Our hosts unpack how directors can maintain visibility over governance structures while meeting growing expectations for accountability. We also examine the role of regulators in workplace investigations and the challenges posed by the sheer volume and pace of regulatory change. Tune in to gain practical insights on strengthening governance frameworks and staying ahead in a rapidly shifting compliance landscape.

In the third episode of our 'Future of wealth management' podcast series, Barney Hinnigan, Marina Reason and Chris Hurn consider the FCA's findings from its multi-firm review of consolidation in the financial advice and wealth management sector. We also discuss the review findings in a related blogpost – see Wealth consolidation - FCA review findings https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/wealth-consolidation-fca-review-findings Speakers: Barney Hinnigan, Partner, Corporate, Marina Reason, Partner, Financial Services Regulatory, Chris Hurn, Of Counsel, Financial Services Regulatory

In the second episode of our 'Future of wealth management' podcast series, Marina Reason and Aurell Taussig consider the impact of the Budget on the wealth management sector. Speakers: Marina Reason, Partner, Financial Services Regulation and Aurell Taussig, Partner, Tax

This is the 34th episode of our series of commercial litigation update podcasts. In this episode we discuss the upcoming pilot on public access to court documents, the new disclosure survey, and some important decisions on service of proceedings, termination of contracts, contractual interpretation and conditions precedent. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Farrell, a disputes partner, and Chris Cox, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • UK Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026 https://www.hsfkramer.com/notes/litigation/2025-10/commercial-court-pilot-will-mean-many-more-court-documents-publicly-available-by-default-from-1-january-2026 • Disclosure Review Working Group seeks views on disclosure under PD 57AD https://www.hsfkramer.com/notes/litigation/2025-11/disclosure-review-working-group-seeks-views-on-disclosure-under-pd-57ad • Court of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in time https://www.hsfkramer.com/notes/litigation/2025-10/court-of-appeal-confirms-defendant-not-required-to-take-any-steps-in-proceedings-unless-claim-form-validly-served-in-time • Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-confirms-party-cannot-waive-contractual-right-to-terminate-unless-it-is-actually-aware-of-the-right • Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-finds-loss-of-bargain-damages-were-available-on-termination-for-non-repudiatory-breach-of-contract-under-express-contractual-provision • Court of Appeal overturns High Court's interpretation of deferred consideration clause https://www.hsfkramer.com/notes/litigation/2025-11/court-of-appeal-overturns-high-courts-interpretation-of-deferred-consideration-clause • Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach https://www.hsfkramer.com/notes/litigation/2025-11/supreme-court-finds-there-is-no-principle-in-english-law-that-a-condition-precedent-to-payment-of-a-debt-will-be-deemed-fulfilled-if-fulfilment-was-prevented-by-a-partys-own-breach See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep34-transcript(2).pdf

In this episode, we cross examine Dr Bruce Tonkin, Chief Executive Officer at auDA. Dr Tonkin is one of Australia's true internet pioneers and has been at the forefront of the cyber security discourse in Australia for a number of decades.   He is now the CEO at .au Domain Administration, the organisation endorsed by the Australian Government to manage the .au domain.   We had a great conversation, talking about Bruce's career journey (and the evolution of the internet here in Australia), the role of auDA and the importance of protection of the .au domain. You may be surprised how much we depend on auDA as part of our interconnected business community. We also talk to the effective role of a lawyer in a cyber incident.   Bruce also shared some really interesting insights into the global domain space, including the unexpected economic benefits of having a country code like “tv” or “ai”. Fascinating!   It was a privilege to speak with Bruce. Thanks again for listening. This is Cross Examining Dr Bruce Tonkin. Here we go…

This podcast explores how ESG and energy challenges are being addressed in data centre design and development, with a focus on innovation during the AI boom. Speakers: Tim Healey - Partner, HSF Kramer, JP Attlee – Senior Associate, HSF Kramer, Ben Worth, Senior Legal Counsel, Global Switch, Steven Parker – Solutions Engineering Director, Global Switch

The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here: https://marketing.hsfkramer.com/20/33497/landing-pages/forearmed-2026.pdf Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer

In this episode of the Herbert Smith Freehills Kramer Tax Bites podcast, Isaac Morgan, Mark Peters and Toby Eggleston discuss the recent Australian High Court decision in G Global against the Commissioner of State Revenue. The conversation delves into the background, statutory setup, and arguments presented in the case, exploring the implications for foreign investors and potential future legal challenges. The episode also examines retrospective tax amendments and their broader impacts on taxation law. 00:10 Introduction 01:06 Background Facts and Statutory Setup 04:19 High Court's Consideration of the Arguments 08:56 Implications of the Decision 19:48 Options for Foreign Investors 22:07 Closing Thoughts and Conclusion Link to HSF Kramer tax note: https://www.hsfkramer.com/notes/taxaustralia/2025-posts/decision-alert-high-court-confirms-validity-of-foreign-surcharges

In the first episode of our new podcast series 'The future of wealth management is here' we explore how AI is redefining value, client expectations, and regulatory priorities in wealth management. Join our hosts, Marina Reason, Ian Thomas, and John Mathew who break down how the industry is adapting to an evolving regulatory and technological landscape, and the key risks and opportunities which lie ahead. Read our Global Bank Review 2025 here: https://www.hsfkramer.com/insights/reports/2025/global-bank-review-2025

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 Tom Wyer. You can find links to our blog posts on the case covered in this podcast below: • Court of Appeal finds PSP liable for deceitful representations made by agent acting with apparent/ostensible authority https://www.hsfkramer.com/notes/bankinglitigation/2025-09/court-of-appeal-finds-psp-liable-for-deceitful-representations-made-by-agent-acting-with-apparent-ostensible-authority • High Court finds investment bank entitled to success fee under mandate executed by company's agent acting with apparent authority https://www.hsfkramer.com/notes/bankinglitigation/2025-09/high-court-finds-investment-bank-entitled-to-success-fee-under-mandate-executed-by-companys-agent-acting-with-apparent-authority • High Court holds that exercise of rights under charge document is not subject to Braganza duty https://www.hsfkramer.com/notes/bankinglitigation/2025-09/high-court-holds-that-exercise-of-rights-under-charge-document-is-not-subject-to-braganza-duty • High Court finds "retrieval duty" arguable against sending bank in an APP fraud context https://www.hsfkramer.com/notes/bankinglitigation/2025-09/high-court-finds-retrieval-duty-arguable-against-sending-bank-in-an-app-fraud-context • Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement https://www.hsfkramer.com/notes/litigation/2025-09/court-of-appeal-finds-binding-contract-concluded-by-exchange-of-emails-despite-referring-to-preparation-of-formal-agreement • FSR Brief EP9: Motor Finance redress proposal - beginning of the end? https://www.lexology.com/library/detail.aspx?g=51fabee4-935b-4b4f-b72c-3f6f72d8e56e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2025-10-17&utm_term= • Solicitors Regulation Authority reviews high-volume consumer claims sector https://www.hsfkramer.com/notes/bankinglitigation/2025-09/solicitors-regulation-authority-reviews-high-volume-consumer-claims-sector • Biannual Banking Litigation Update (Autumn 2025) https://www.hsfkramer.com/notes/bankinglitigation/2025-09/bi-annual-banking-litigation-update-autumn-2025 Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In this podcast, we explore class actions procedures and trends in Australia, and what similarities and differences there are with England and Wales. The episode is hosted by Rachel Lidgate, a partner in our disputes team in London. She is joined by two disputes partners in our Australian offices who have extensive experience of dealing with class action litigation, Jason Betts and Aoife Xuereb. For a more in-depth analysis see Class actions radar: Australia https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/australia, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks See also our 2024 survey Rethinking risk: Inside Class Actions in Australia https://www.hsfkramer.com/insights/2024-09/rethinking-risk-inside-class-actions This podcast is the second half of our mini-series looking at the class actions landscape in the US and Australia. The US episode is available here https://www.hsfkramer.com/notes/litigation/2025-10/the-class-actions-landscape-us-class-actions.

In this episode, we cross examine Carolyn Pugsley, Christine Wong, and Peter Jones, Partners at Herbert Smith Freehills Kramer, and key members of our incident response team. We have all worked closely on some of the region's most significant cyber attacks. In this podcast we talk about the most critical legal issues confronting corporates in Australia, in light of the current cyber threat landscape. We discuss director duties, disclosure, the use of privilege, the rise of the cyber injunction and third party / supply chain management. It was a privilege to curate this discussion. Every time I speak with Carolyn, Christine and Peter…I learn more. I'm sure you'll get a lot out of this discussion. This is cross-examining Cazz, Christine and PJ. Here we go…

In this episode of Inside Employment, hosts Drew Pearson, Lucy Boyd, and Stephanie Blancquart unpack the evolving landscape of diversity, equity and inclusion (DEI) in the workplace. They explore the growing regulatory momentum in Australia – particularly the upcoming Gender Undervaluation awards review at the Fair Work Commission – and what it means for employers navigating modern award obligations and pay gap reporting. The discussion also touches on the global shift away from traditional DEI initiatives, contrasting it with Australia's intensifying focus on systemic reform. With key decisions expected to roll out from November into the new year, this episode offers insights for employers preparing for change.

The FSR Brief is back following an extended summer break, and top of the agenda is the FCA's proposal for a redress scheme which seeks to draw a line under the long running saga around the disclosure of motor finance commission. Jon Ford, Michael Tan, and Jack Moore discuss the scope of the scheme, what firms should be thinking about and what this means for the FCA's approach to redress more generally. For a high level view, you can read our summary of the FCA's proposal [https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/fca-consults-on-motor-finance-compensation-scheme]. For the full background, you can catch up on our previous FSR Brief podcast [https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next] on motor finance from January 2025, and the special edition of Banking Litigation podcast [www.hsfkramer.com/notes/bankinglit…-special-edition] covering the Supreme Court's decision in August 2025. Our views on the FCA's consultation on the approach to redress more generally can be found on our blog [www.hsfkramer.com/notes/fsrandcorp…asonable-changes].

This podcast explores delivering social value within the living sector, including through regeneration and impactful development. Speakers: • Jasmine Ceccarelli-Drewry, Director, Place Advisory & Social Impact, Avison Young • Katherine Hosea, Project Director, London Legacy Development Corporation • Carolyn Milligan, Partner, HSF Kramer • Gabrielle Coppack, Knowledge Lawyer, HSF Kramer

In this podcast, we explore class actions procedures and trends in the US, and what similarities and differences there are with England and Wales. The episode is hosted by Alan Watts, a partner in our disputes team in London and joint head of our global class actions group. He is joined by two disputes partners in our New York office who have extensive experience of dealing with class action litigation: Eileen Patt, who focuses on advertising disputes, and Maxwell Herman, who focuses on product liability and ESG litigation. This is the first in a 'mini-series' of two episodes. We will be back with a second episode exploring the class actions landscape in Australia. For a more in-depth analysis see Class actions radar: United States https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/us, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks https://www.hsfkramer.com/insights/reports/class-actions-radar-scanning-global-trends-and-risks/us.

In part one of our Inside Safety podcast series exploring directors' duties, Steve Bell, Aaron Anderson and Olga Klimczak delve into the evolving case law on responsibilities of officers under the Model Work Health and Safety laws and internationally. Through recent case law updates, the episode unpacks the key legal principles and explores the practical implications for directors. We analyse how directors can assess whether they've met their duty - by understanding the risks that occur within their business operations, applying appropriate resources, and verifying the effectiveness of controls. The discussion then offers practical insights into what reasonable steps look like, including the extent to which directors can reasonably rely on others within the business, and the importance of maintaining documentation as evidence of challenge and oversight. With regulators increasingly focused on senior leadership, this episode is a timely call to action for boards to move beyond paper obligations and engage meaningfully with safety governance.

This is the 33rd episode of our series of commercial litigation update podcasts. In this episode we give updates on the anticipated pilot on public access to court documents, two consultations relating to class actions and high-volume claims, and the Singapore Convention on international mediated settlements. We also discuss a couple of recent Court of Appeal decisions on contract law issues and the Supreme Court's decision in the motor finance commission appeal This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Natasha Johnson, a disputes partner, and Ceri Morgan, a knowledge counsel in our banking litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Solicitors Regulation Authority reviews high-volume consumer claims sector https://www.hsfkramer.com/notes/litigation/2025-09/solicitors-regulation-authority-reviews-high-volume-consumer-claims-sector • Ministry of Justice consults on implementation of Singapore Convention on international mediated settlements https://www.hsfkramer.com/notes/adr/2025-posts/ministry-of-justice-consults-on-implementation-of-singapore-convention-on-international-mediated-settlements • Court of Appeal confirms court has no jurisdiction despite English jurisdiction clauses as defendants were not parties to relevant contracts as undisclosed principals https://www.hsfkramer.com/notes/litigation/2025-07/court-of-appeal-confirms-court-has-no-jurisdiction-despite-english-jurisdiction-clauses-as-defendants-were-not-parties-to-relevant-contracts-as-undisclosed-principals • Court of Appeal finds binding contract concluded by exchange of emails despite referring to preparation of formal agreement https://www.hsfkramer.com/notes/litigation/2025-09/court-of-appeal-finds-binding-contract-concluded-by-exchange-of-emails-despite-referring-to-preparation-of-formal-agreement • Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms https://www.hsfkramer.com/notes/bankinglitigation/2025-08/supreme-court-decision-in-hopcraft-motor-finance-commission-appeal See podcast episode transcript here: https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-ep33-transcript.pdf

In this "Back to school" edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. Together, they discuss recent developments in the duty to consult in the cases of Liberty and Possible (The 10:10 Foundation) before delving into human rights challenges in Shvidler and Wikimedia Foundation. To conclude, they explore judicial approaches in complex areas and reflect on the balance between discretion and accountability in high policy contexts. 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: Another twist in the consultation case law – so just what is a consultation? https://www.hsfkramer.com/notes/publiclaw/2025-posts/another-twist-in-the-consultation-case-law Challenges to the Jet Zero Strategy grounded as Administrative Court dismisses claims based on consultation and policy concerns https://www.hsfkramer.com/notes/publiclaw/2025-posts/challenges-to-the-jet-zero-strategy-grounded Supreme Court decides on the correct standard of review for proportionality https://www.hsfkramer.com/notes/publiclaw/2025-posts/supreme-court-decides-on-the-correct-standard-of-review-for-proportionality High Court dismisses Wikimedia's challenge to Online Safety Act thresholds—but leaves the door open for future challenges https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-dismisses-wikimedias-challenge-to-online-safety-act-thresholds-but-leaves-door-open-for-future-challenges High Court gives guidance on regulator's interpretation of legislation and codes https://www.hsfkramer.com/notes/publiclaw/2025-posts/high-court-gives-guidance-on-regulators-interpretation-of-legislation-and-codes Procedural flaw under the National Security and Investment Act regime insufficient to invalidate decision https://www.hsfkramer.com/notes/publiclaw/2025-posts/procedural-flaw-under-the-national-security-and-investment-act-regime-insufficient-to-invalidate-decision

Marina Reason and Chris Hurn discuss the FCA's proposals for regulating cryptoasset custody, set out in chapter 4 of consultation paper 25/14. This is our second podcast considering CP25/14: we unpacked the FCA's proposals on issuing qualifying stablecoins in our podcast "Decrypting the FCA stablecoin rules" - https://soundcloud.com/hsfkramer/fsr-podcast-decrypting-the-fca-stablecoin-rules. We also examined CP25/15, the FCA's proposed new prudential regime for cryptoasset firms, in our podcast "Decoding the FCA crypto capital rules" - https://soundcloud.com/hsfkramer/fsr-podcast-decoding-the-fca-crypto-capital-rules. These FCA consultations followed publication by HM Treasury of near-final draft legislation to create new regulated activities for cryptoassets, and an FCA discussion paper (DP25/1) on regulating cryptoassets, We discussed these developments in our podcast on "The Top 3 takeaways from the new crypto rules" - https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules - and our related blog post - https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed.

Today we're diving into a question that's becoming increasingly relevant for corporates globally: What happens if …you're faced with a sanctions issue and need to investigate? Join Partner Leon Chung, Senior Associate Cynthianna Yau and Solicitor Kayla Laird as they explore this frontline issue for legal and compliance teams to understand the sanctions framework as they manage international transactions, supply chains, or service agreements.

This podcast explores the impact of minimum energy efficiency standard (MEES) on commercial leases in the logistics sector, including rent review, lease renewals and dilapidation claims. Speakers: Julia Petrenko, Barrister, Falcon Chambers, Seb Taylor, Partner, HSF Kramer and Matthew Weal, Senior Associate, HSF Kramer

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 Nic Patmore. You can find links to our blog posts on the case covered in this podcast below: • Supreme Court decision in Hopcraft motor finance commission appeal – key implications for financial services firms https://www.hsfkramer.com/notes/bankinglitigation/2025-08/supreme-court-decision-in-hopcraft-motor-finance-commission-appeal • Banking Litigation Podcast Episode 54: Hopcraft Special Edition https://www.hsfkramer.com/notes/bankinglitigation/2025-08/banking-litigation-podcast-episode-54-hopcraft-special-edition • English High Court decides in favour of banks in EuroChem bond claim, confirming payment under on-demand bonds prohibited due to Russian sanctions https://www.hsfkramer.com/notes/bankinglitigation/2025-08/english-high-court-decides-in-favour-of-banks-in-eurochem-bond-claim • High Court grants bank stakeholder relief under CPR Part 86 in USD 11 million deposit dispute involving competing claims https://www.hsfkramer.com/notes/bankinglitigation/2025-08/high-court-grants-bank-stakeholder-relief-under-cpr-part-86 • High Court permits documents obtained via Norwich Pharmacal Order to be used against disclosing bank in related APP fraud claim https://www.hsfkramer.com/notes/bankinglitigation/2025-08/high-court-permits-documents-obtained-via-norwich-pharmacal-order • Financial List finds claim for declaratory relief brought by ultimate beneficial owners of loan notes against issuer is arguable https://www.hsfkramer.com/notes/bankinglitigation/2025-04/financial-list-finds-claim-for-declaratory-relief • Privy Council abrogates so-called "Shareholder Rule" under English law: companies can assert privilege against their shareholders https://www.hsfkramer.com/notes/bankinglitigation/2025-04/privy-council-abrogates-so-called-shareholder-rule-under-english-law-companies-can-assert-privilege-against-their-shareholders • Hague 2019 Judgments Convention comes into force in UK https://www.hsfkramer.com/notes/litigation/2025-07/hague-2019-judgments-convention-comes-into-force-in-uk • Civil Justice Council's final report on litigation funding recommends "light touch" statutory regulation https://www.hsfkramer.com/notes/bankinglitigation/2025-04/civil-justice-councils-final-report-on-litigation-funding-recommends-light-touch-statutory-regulation Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In this last episode of the series, the Corporate Crime and Investigations team considers the application of the Failure to Prevent Fraud offence to complex group structures including in relation to parent companies and their subsidiaries (whether incorporated in the UK or overseas). Susannah Cogman, Eamon McCarthy-Keen, and Clara Browne examine several important issues in this episode such as: (i) how the offence applies to corporate group structures; (ii) the potential liability of a parent company for the activities of its subsidiaries and their employees, including where the employee is a 'senior manager'; (iii) the application of the offence to global companies; and (iv) conduct across borders. They also provide insight into the steps that businesses should take to prepare for the imminent implementation of the Failure to Prevent Fraud offence at a group and individual subsidiary level. You can find links to further background reading relevant to the episode below: (1) Summary table regarding parent-subsidiary liability https://marketing.hsfkramer.com/20/33497/landing-pages/des0004516-v5.pdf (2) HSF Kramer FTPF Briefing https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/ftpfraud-ready-sep25 (3) The Economic Crime and Corporate Transparency Act 2023 https://www.legislation.gov.uk/ukpga/2023/56/section/204#:~:text=204Guidance%20about%20preventing%20fraud%20offences&text=(1)The%20Secretary%20of%20State,in%20section%20199(1). (4) Home Office Guidance https://assets.publishing.service.gov.uk/media/67f8ef1845705eb1a1513f35/Failure+to+Prevent+Fraud+Guidance+-+English+Language+v1.6.pdf (5) UK Finance Guidance https://www.ukfinance.org.uk/system/files/2025-02/UK Finance Failure to Prevent Fraud industry guidance.pdf

This episode brings together our CCI and contentious regulatory teams to consider the impact of the Failure to Prevent Fraud offence on financial institutions. Jon Ford, Elizabeth Head and Ally Fitzgerald explore the risk areas that financial institutions may be exposed to as well as why financial institutions may be at an increased risk of enforcement in comparison to other organisations. They also provide insight into the steps that the HSF Kramer team have seen financial institutions take to prepare themselves for the September implementation date. Please also see our blogpost https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/ftpf-financialinstitutions for further discussion of this topic, and this briefing https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/ftpfraud-ready-sep25 for an overview of the new offence of Failure to Prevent Fraud.

In this episode, we talk about Practice Statement 35, which the UK Takeover Panel published recently, on profit forecasts, synergy statements (referred to in the Takeover Code as quantified financial benefits statements or QFBSs) and connected investment research. Areas we discuss include: • the regime in the Takeover Code for profit forecasts; • how the rules apply where a target has unequivocally rejected an approach; • the Panel Executive's approach to reports on synergy statements where a deal leaks; • its approach where a target provides a profit forecast to a bidder as part of the due diligence exercise; • when a forward-looking statement will be an aspirational target; • how the regime applies to profit forecasts for financial periods which end more than 15 months in the future; and • when the Executive may grant a dispensation from the rules that apply when a connected firm publishes investment research.

Episode 29: Gender-based undervaluation and its impact on modern award rates of pay Join industrial relations partners Nick Ogilvie and Rohan Doyle on our latest episode of Inside IR where they unpack the latest developments in the Fair Work Commission's assessment of gender undervaluation of wages, and explore the impact this is having on minimum award rates of pay. Over the last few years, the Commission has embarked on a comprehensive process to ensure that minimum rates of pay in modern awards reflect employees' work value and ensure equal remuneration for equivalent work performed by men and women. These cases are already delivering substantial increases in modern award rates of pay and arise in the context of the Commission's new obligation to consider gender-based undervaluation when varying award rates following the introduction of the Secure Jobs, Better Pay reforms. On this episode, Nick and Rohan explore the current cases before the Fair Work Commission and some of the key early decisions, and discuss which industries and occupations are likely to be considered next. Update: Since filming, the Fair Work Commission has also issued a Statement https://www.fwc.gov.au/documents/sites/am2025-19/2025fwcfb156.pdf confirming that the Commission will now determine whether minimum award rates of pay should be increased for professional degree-qualified employees covered by a provisional list of 22 modern awards. The list of awards is contained at Attachment A of the Statement. Interested parties have the opportunity to comment on the provisional list by 22 August 2025. Please get in touch with a member of our team if you would like to understand this process in further detail or are considering making a submission.