Herbert Smith Freehills Podcasts

This is the 39th episode of our series of commercial litigation update podcasts. In this episode we discuss an interesting decision on privilege and company directors, some important client resources on ADR and a couple of significant contract law decisions, on termination and the recovery of loss-of-bargain damages and force majeure. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Alexander Oddy, a disputes partner, and James Robson, an of counsel in our disputes team. Below you can find links to our blog posts on some of the developments and cases covered in this podcast. • New third edition of our leading textbook Class Actions in England and Wales https://www.hsfkramer.com/notes/litigation/2026-09/new-third-edition-of-our-leading-textbook-class-actions-in-england-and-wales • Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced • High Court decision underlines need for investor-appointed directors to think carefully before disclosing the company's privileged material https://www.hsfkramer.com/notes/litigation/2026-08/high-court-decision-underlines-need-for-investor-appointed-directors-to-think-carefully-before-disclosing-the-companys-privileged-material • Herbert Smith Freehills Kramer relaunches ADR Practical Guides and Conflict Management Toolkit https://www.hsfkramer.com/notes/adr/2026-posts/herbert-smith-freehills-kramer-relaunches-adr-practical-guides-and-conflict-management-toolkit • Supreme Court confirms award of loss of bargain damages following termination for non-repudiatory breach under express contractual provision https://www.hsfkramer.com/notes/litigation/2026-08/supreme-court-confirms-award-of-loss-of-bargain-damages-following-termination-for-non-repudiatory-breach-under-express-contractual-provision • High Court clarifies meaning of “unforeseeable” in force majeure clause https://www.hsfkramer.com/notes/litigation/2026-08/high-court-clarifies-meaning-of-unforeseeable-in-force-majeure-clause Link to episode transcript: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep39-transcript.pdf

In this episode of Inside Employment, Tony Wood, Natalie Gaspar and Lucy Boyd unpack the Federal Government's proposed reforms to non-compete and restraint of trade laws, recently released in exposure draft form. The proposed changes would significantly reshape the use and enforceability of non-compete and non-solicitation clauses across Australia. Tony, Natalie and Lucy discuss the key elements of the proposed reforms, including the ban on non-competes for employees below the high-income threshold, the prohibition on employee non-solicitation clauses, the new enforcement framework for higher income earners, and what the changes could mean for employers and workforce mobility. With consultation now underway, this episode provides a timely overview of one of the most significant proposed changes to Australian employment law in recent years.

In this episode David Beck, Casey Ballard and Uchi Jayawardhena tackle one of the biggest barriers to successful AI adoption: poor data foundations. They explore why data disorganisation, fragmentation and inconsistent governance continue to undermine business processes, long before GenAI enters the picture. With each speaker coming at the problem from a slightly different angle, they examine why even the most advanced technology cannot compensate for poor-quality data. They discuss the myths that hold organisations back, the risks of relying on technology to solve underlying data issues, and the practical steps businesses can take to move from data chaos to data clarity. The episode highlights how strong data foundations enable better decision-making, lower risk, more effective technology adoption and more reliable AI outcomes. Ultimately, the message is simple: if you want AI to deliver value, you need to start with the data.

In this episode of Tax Bites, Toby Eggleston and Mark Peters unpack the Victorian and New South Wales ISPT landholder-duty decisions. They examine how a staged acquisition of a widely held property trust produced a substantially higher duty liability than ISPT argued for. The discussion highlights why transaction sequencing, thresholds, entity status and jurisdiction-specific rules must be assessed together when structuring acquisitions of interests in landholding trusts and companies. More detail in our tax note here: https://www.hsfkramer.com/notes/taxaustralia/2026-posts/decision-alert-prior-acquisition-in-a-public-landholder-not-disregarded-where-a-subsequent-acquisition-occurs

In this episode of On Just Terms partners Jason Betts and Melissa Gladstone speak with Professor Anthea Roberts, ANU Professor and leading scholar at the intersection of law, technology and global risk, about what it takes to work effectively with AI. They discuss why lawyers may be uniquely positioned to thrive in the AI era, how multi-agent AI systems can tackle complex interdisciplinary challenges, and the growing importance of AI literacy for knowledge workers. The conversation also explores Professor Roberts' Risk-Reward-Resilience framework and what organisations can do to build long-term adaptability in a rapidly changing world.

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 Alexander Gridasov. Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Alexander Gridasov (Senior Associate). You can find out more about the cases covered in this podcast on our blog at the following links: Court of Appeal finds no breach of so-called Quincecare duty in “derivative” action brought by APP fraud victims against PSP https://www.hsfkramer.com/notes/bankinglitigation/2026-07/court-of-appeal-finds-no-breach-of-so-called-quincecare-duty-in-derivative-action-brought-by-app-fraud-victims-against-psp Banking litigation podcast episode 51: Quincecare special – March 2025 https://www.hsfkramer.com/notes/bankinglitigation/2025-03/Banking-litigation-podcast-episode-51--Quincecare-special-%E2%80%93-March-2025 Court of Appeal finds administrator appointment arguably invalidated because of appointor's improper purpose https://www.hsfkramer.com/notes/bankinglitigation/2026-08/court-ofappeal-finds-administrator-appointment-arguably-invalidated-because-of-appointors-improper-purpose Multi-party claims: Court of Appeal upholds decision allowing over 5,000 motor finance claims to be brought together https://www.hsfkramer.com/notes/bankinglitigation/2026-04/multi-party-claims-court-of-appeal-upholds-decision-allowing-over-5000-motor-finance-claims-to-be-brought-together All aboard the omnibus claim form? https://www.hsfkramer.com/notes/bankinglitigation/2026-08/all-aboard-the-omnibus-claim-form High Court adjourns landmark securities class action trial due to risk of prejudice to overlapping criminal proceedings https://www.hsfkramer.com/notes/bankinglitigation/2026-04/Blog-post-template-text-only-version High Court considers appropriate split for trial of s.90 and 90A FSMA claims in Entain litigation https://www.hsfkramer.com/notes/bankinglitigation/2026-07/high-court-considers-appropriate-split-for-trial-of-s90-and-90a-fsma-claims-in-entain-litigation UK government consults on measures to speed up and simplify competition class actions regime https://www.hsfkramer.com/notes/litigation/2026-07/uk-government-consults-on-measures-to-speed-up-and-simplify-competition-class-actions-regime Law Commission to consider introduction of opt-out consumer class actions regime https://www.hsfkramer.com/notes/bankinglitigation/2026-04/law-commission-to-consider-introduction-of-opt-out-consumer-class-actions-regime

Recorded 22 June 2026 In Part 2 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck continue their discussion on the evolving enterprise bargaining landscape, exploring how employers, unions and employees can move beyond short-term, power-based bargaining and invest in negotiation processes that create sustainable value for all parties. They discuss practical approaches to navigating BATNAs, managing the threat of industrial action, building trust throughout the bargaining process, and communicating effectively with employees during negotiations. This episode forms part of our ongoing collaboration with Melbourne Business School through the Industrial Relations Negotiations Program, which equips leaders with the skills needed to negotiate more effectively in today's industrial relations environment. Registrations are closing soon. Learn more about the program and secure your place here: https://mbs.edu/hsfkramer.

In this episode, we continue our director series with part two of our cross examination of Catherine Brenner and John Mullen. In our last episode, we left you on a cliffhanger. We now pick up where we left off. We also discussed the value in good communications, the human factor in cyber incident response, a values-led approach as compared with a compliance-led approach, AI, of course, and board simulations. This is Cross-Examining Cyber. It's part of our director series, the cross-examination of Catherine Brenner and John Mullen, part two. Here we go.

We are delighted to launch our new podcast series, Insuring AI, which explores the broad range of questions that AI is throwing up for the insurance world. In this first episode, we discuss the legal statement on liability for AI harms published by the UK Jurisdiction Taskforce (UKJT) in July 2026 and its implications for insurance liability claims. The statement seeks to address in what circumstances, and on what legal bases, English law will impose liability for loss that results from the use of AI. This episode is hosted by Greig Anderson, Partner in our Insurance & Professional Risks team, who is joined by Will Gibson, Senior Associate. For a summary of the UKJT's final legal statement, visit our blog post: https://www.hsfkramer.com/notes/litigation/2026-07/uk-jurisdiction-taskforce-publishes-final-legal-statement-on-liability-for-ai-harms

In this episode, we unpack the growing "Misdiagnosis Effect" in the age of GenAI, where organisations often focus on the technology they think they need rather than the problem they are trying to solve. Casey Ballard (Head of Strategic Applications, UK, US & EMEA), Suzanne Cowan (Head of Corporate & Construction, UK & EMEA) and Uchi Jayawardhena (Head of Data Analytics) explore why successful transformation starts with the problem, not the technology. Drawing on real client conversations and delivery experience, they discuss the value of navigating the often messy discovery process, balancing people, process, technology and data, and choosing the right solution rather than defaulting to GenAI. They also examine the challenges of consistency, governance and repeatability, highlighting why workflow redesign and automation can often deliver greater value than AI alone.

In this episode, partner Jason Betts speaks with Michael Pelly, legal reporter at Capital Brief and former legal affairs editor at the Australian Financial Review, about the key developments shaping corporate litigation in Australia. They discuss the implications of the landmark ASIC v Star decision for directors' duties and corporate governance, the evolving landscape of shareholder class actions, and the role of the courts in driving legal reform. The conversation also explores the growing complexity of major litigation and the opportunities and limitations of AI in legal practice.

In this episode, we discuss the UK's new legislative regime which governs the development and deployment of autonomous vehicles (AVs), and what Chinese OEMs and AV operators should know before bringing AV products or services to the UK. We unpack the key features of the Automated Vehicles Act 2024, covering authorisation, liability and insurance, marketing restrictions, safety requirements, and cybersecurity obligations. We also consider the UK's growing role as a destination for AV development, the importance of international regulatory alignment, and the opportunities and challenges for Chinese companies entering this rapidly evolving market. Speakers: Cathy Liu, Lauren Burke 在本集播客节目中，我们讨论英国有关自动驾驶汽车的新立法制度，以及中国整车制造商和自动驾驶汽车运营商在将自动驾驶汽车产品或服务引入英国市场前应了解的重点问题。我们深入解析《2024年自动驾驶汽车法》的主要内容，涵盖授权、责任承担与保险、营销限制、安全要求以及网络安全义务。我们还探讨英国作为自动驾驶汽车发展目的地的日益重要地位、国际监管协调的重要性，以及中国企业进入这一快速发展的市场所面临的机遇与挑战。 主讲人：刘倩, Lauren Burke

In this episode of our public M&A podcast series, we talk about the UK Takeover Panel's latest consultation (PCP 2026/1) on a series of miscellaneous changes to the Takeover Code. Proposals being consulted on include: • when a voting agreement between a shareholder and the directors of a company will result in them being treated as acting in concert; • a change to the definition of "reverse takeover"; and • a change to the rules on extending a put up or shut up (PUSU) deadline.

In this crossover episode of Inside Employment, Inside IR and Inside Safety, Drew Pearson is joined by Nerida Jessup and Jessica Light to discuss the growing intersection between AI adoption and employer consultation obligations. The team explores when the introduction of AI and digital technologies may trigger industrial relations and work health and safety consultation requirements, the risks of getting consultation wrong, and the increasing scrutiny from unions and regulators. They also share practical insights on managing workplace change, psychosocial risks and compliance while embracing innovation. Recorded on 29 July 2026.

In this episode HSF Kramer M&A partners Rebecca Maslen-Stannage and Mia Harrison-Kelf unpack the Star Entertainment decision, one of the most closely watched director duty cases in recent years, and explore what it means for directors and executives navigating transactions. The discussion covers the standard expected of directors when relying on management information, how to test and challenge information in a deal context, why insight matters more than volume in board packs, how to identify, manage and document conflicts of interest, and the importance of managing urgency in transactions through effective contemporaneous record-keeping. A practical discussion on how the Star decision shapes corporate governance and director duties in the context of M&A transactions, and what every director, executive and general counsel needs to know to do deals safely.

In this sixth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, focus on the changes to fire and rehire law due to come into force in January 2027. These reforms will make it significantly more difficult and expensive to force through changes to core terms of employment, as well as having some other, perhaps unintended, implications for business strategy in relation to restructuring, post-acquisition harmonisation and outsourcing. We discuss the changes and steps employers should take now to prepare.

In this episode of Defining Matters, partners Kam Jamshidi and Matt FitzGerald unpack the key findings from HSF Kramer's exclusive Private M&A Dealmakers Report 2026, analysing approx. 60 private M&A transactions completed over the past year. Key topics include: • The return of billion-dollar deals • Why bilateral deals are dominating sale processes • MAC clauses and transaction certainty • Regulatory trends across FIRB and ACCC approvals • The rise of lockboxes and alternative pricing structures • New liquidity pathways for private capital • Predictions for the year ahead A practical discussion on the trends, tactics and market dynamics shaping Australia's private M&A landscape.

As enterprise bargaining becomes increasingly complex, many organisations are rethinking how they prepare for negotiations. In part 1 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck explore the changing enterprise bargaining landscape, the shifting balance of bargaining power, the role of identity and trust in negotiations, and practical strategies organisations can use to prepare for bargaining more effectively.

Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this podcast, we look to speak to individuals across the industry who are at the coalface of our cyber incident response. In this particular series, we're taking a slightly different slant, we're going out and speaking to our top directors to talk about governance, how to be a good director during a cyber crisis, and what it means to be a director in an everchanging digital world. In this episode, we are joined by Catherine Brenner and John Mullen, two of our most distinguished Chairs. We talk about good governance, what it takes to be a good chair during a crisis, whether we need deep cyber expertise on the board and first-hand experience in cyber incident response. The discussion was so good, we've divided it in two. Here's Cross Examining Catherine Brenner and John Mullen (Part 1)…

In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone are joined by Professor Vince Morabito, one of Australia's leading empirical researchers on class actions. Drawing on decades of data, Professor Morabito explores common misconceptions about the class action system, the factors driving filing rates, and the impact of Victoria's group costs order regime. He also discusses concerns about rising GCO rates, assesses whether access to justice objectives are being achieved, and shares his views on key areas for reform, including competing class actions, class closure mechanisms, and the potential role of a public litigation fund.

In this episode of Defining Matters, partners Kam Jamshidi and Simon Walker unpack one of the most important and frequently negotiated provisions in public M&A transactions: standstills. Using notable Takeovers Panel decisions, including Diatreme/Metallica and International All Sports, Kam and Simon explore the commercial and legal tensions that arise between bidders seeking flexibility and targets seeking protection. Key topics include: • The role and purpose of standstills in public M&A • How bidders and targets approach key negotiating points • The importance of due diligence access and information-sharing • What recent Takeovers Panel decisions mean for dealmakers • Why parties should not expect the Panel to rewrite a bargain once it has been struck A great discussion on the negotiation, strategy and risk considerations shaping today's public M&A transactions.

The ways in which regulators respond when things go wrong is continuing to evolve. In this episode of the FSR Brief, Jon Ford, Michael Tan and Eva Barbosa discuss the Financial Conduct Authority's ("FCA") Enforcement Watch 2, including consumer duty investigations and the continued use of assertive supervision alongside/ in lieu of enforcement, the Financial Reporting Council's ("FRC") changes to its Audit Enforcement Procedure to introduce new routes to resolution, including an Early Admissions Process, and the latest case brought by the Prudential Regulation Authority using the Early Account Scheme. They share insights into these different approaches and consider whether there may be learnings that could be shared across regulators. See here our blogs on the changes to the FRC's Audit Enforcement Procedure https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/financial-reporting-council-updates-its-audit-enforcement-procedure-with-new-routes-to-resolution and the FCA's Enforcement Watch 2 https://www.hsfkramer.com/notes/fsrandcorpcrime/2026-posts/fca-enforcement-watch-2-the-consumer-duty-moves-into-a-new-phase-of-scrutiny

Disputes arising out of construction and infrastructure joint-venture projects This podcast explores the rising complexity of disputes in infrastructure joint ventures and the key issues that drive them. With large-scale, long-term projects bringing together multiple parties, the potential for disagreement is inherent. In this episode, we discuss: 1) why infrastructure joint ventures are particularly prone to complex disputes, given their scale, duration, capital intensity and the interdependence of responsibilities; 2) the most common areas of contention, including funding and capital calls, governance and deadlock, exit and valuation, as well as downstream construction disputes involving scope changes, cost overruns and the relationship between JV entities and their participants; and 3) key takeaways for C-suite executives and lawyers. 本期我们专注基础设施合资企业中日益复杂的争议问题及其主要成因。大型、长期的基础设施项目汇集了多方参与者，分歧的产生在所难免。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将分析为何基础设施合资企业特别容易引发复杂争议，包括项目规模大、周期长、资本密集以及各方责任高度交织等因素 ；2）其次，我们将探讨最常见的争议领域，涵盖出资与增资催缴、治理与僵局、退出与估值，以及涉及范围变更、成本超支和合资实体与参与方之间关系的下游施工争议 ；3）最后，我们将为企业高管和法律从业者提供关键建议。

In this episode of On Just Terms, Jason Betts and Melissa Gladstone are joined by Hamish Hansford, Head of National Security at the Department of Home Affairs and Australia's Commonwealth Counter-Terrorism Coordinator, for a discussion on the evolving national security landscape and its implications for Australian organisations. Hamish discusses Australia's Cyber Security Strategy, mandatory ransomware reporting, the convergence of cyber, foreign interference and organised crime threats, and the growing role of AI in both security and resilience. He also explores the Security of Critical Infrastructure framework, board preparedness, and the importance of strong security culture and risk management. A practical discussion for directors, executives and advisers navigating cyber, critical infrastructure and national security risks. an increasingly complex threat environment.

In this special crossover episode of Inside Employment and Inside Safety, Steve Bell, Tony Wood and Lucy Boyd explore the increasingly complex regulatory landscape facing Australian employers and the growing scrutiny from workplace, safety and human rights regulators. Steve, Tony and Lucy discuss the rise in regulatory investigations and enforcement activity, the challenges employers face when responding to overlapping regulators, and the Australian Human Rights Commission's evolving approach to enforcing the positive duty to prevent sexual harassment. They also share practical insights on governance, compliance and how organisations can prepare for greater regulatory scrutiny.

In this episode, we explore how GenAI is being integrated into real-world document review, and why hybrid approaches are fast becoming the standard. Stephanie Barrett (Director, Legal Technology), together with Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Craig Glover (Head of Disputes, Digital Legal Delivery), unpack how GenAI and technology-assisted review (TAR) work best in combination. Drawing on live delivery experience, they show how hybrid workflows balance contextual insight with the precision, consistency and defensibility required in high stakes matters, and why the best results come from combining the right tools, not choosing between them.

Recent Developments in UK Consumer Protection Law: The CMA's First Investigations Under the New Regime Since our last podcast in July 2025, which covered the key features of the UK's enhanced consumer protection regime introduced under the Digital Markets, Competition and Consumers Act, there have been significant developments including a number of investigations and final infringement decisions under the new regime, new guidance on green claims across the supply chain, guidance on the use of AI agents, and the Government's response to the consultation on implementing the new subscription contracts regime. Our latest podcast focuses on the CMA's first investigations into online pricing practices, pressure selling and fake or misleading consumer reviews. At the time of recording the CMA had completed three of its investigations, adopting infringement decisions with penalties and imposing consumer redress measures. The CMA has also issued advisory letters to over a hundred businesses, putting them on notice of the need to review their practices. In this podcast we take a closer look at the CMA's areas of focus and the lessons learned based on these first investigations.

After our brief hiatus, we are back with our Cross-Examining Cyber Director Series. In this series, we sit down with some of Australia's leading directors to discuss the challenges and opportunities facing boards in an increasingly complex cyber landscape. In this episode, we cross-examine Anne Templeman-Jones, one of Australia's most accomplished business leaders and non-executive directors. Anne has served on the boards of Commonwealth Bank, GUD Holdings Limited, Worley Limited, and Blackmores (as Chair). She has also held board and leadership roles with Cuscal Limited, HT&E Limited, Pioneer Credit Limited, TAL Superannuation Fund… the list goes on. Anne is also passionate about technology and cyber security – what a combination! In this conversation, Anne shares insights from her boardroom experience, including how directors can navigate emerging technology risks, approach cyber resilience, and balance governance with growth and innovation. Drawing on a career that has spanned multiple industries, Anne reflects on what makes an effective director and the lessons that boards can apply in an increasingly uncertain digital environment. Thanks again for listening. This is Cross-Examining Anne Templeman-Jones. Here we go…

In Part 2 of our climate reporting series, we build on the themes from Episode 50 and shift the focus to what comes next. As the first wave of disclosures has wrapped up, attention has turned to the next climate reporting cycles - particularly for June and September year-end companies. The question now is: what lessons can organisations take forward? In this episode, we unpack key takeaways from the first round of sustainability reporting and explore how they can be applied in practice for future reporters. We also take a closer look at ASIC's early observations and share our perspective on what these mean, and how companies can consider them going forward.

Welcome back to The Third Wheel. In this episode, we turn our attention to one of the new features of the annual reporting landscape: mandatory climate disclosures. With the first wave of reporting now completed, we thought it was the perfect moment to pause and reflect. What's working well? Where are organisations still finding their footing? And what challenges are starting to surface? This episode kicks off a two-part series, where we explore early trends emerging from the first round of disclosures. We share our initial observations, highlight recurring hurdles or challenges, and point to areas where reporting is already showing real progress.

In this episode of Inside Employment, Natalie Gaspar and Lucy Boyd are joined by HSF Kramer Disputes Partner, Melissa Gladstone to explore the rise of employment class actions in Australia and why they have become one of the fastest-growing litigation risks for employers. Natalie, Lucy and Melissa discuss the factors driving this trend, how employment class actions differ from traditional workplace disputes, and the unique challenges they create for employers. They also share practical steps organisations can take to mitigate risk, including governance, early issue detection and prompt remediation.

In this episode of Deal Talk, partners Kam Jamshidi and Nicole Pedler examine the Dexus vs Australia Pacific Airports Corporation litigation, which has firmly brought into focus how divesting parties manage confidentiality obligations in a sale process. Analysing the key lessons from Justice Hammerschlag's judgment in the NSW Supreme Court, Kam and Nicole work through the key issues arising from the case, including: • The scale of disclosure and why the nature of the recipients made the breach so serious • Why Justice Hammerschlag found the breach to be both material and irremediable, and what the breakdown of trust and confidence between joint venture parties means in practice • The role of the board in issuing the default notice and the drafting considerations that flow from that; and • The practical lessons for transactors, from coding for exit at the joint venture formation stage, to applying more staged, carefully controlled information disclosure in sale processes

In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone sit down with Dr Peter Cashman, adjunct professor at UNSW and leading barrister, to discuss the evolution of Australia's class action regime. Drawing on decades of experience, Dr Cashman reflects on its role in improving corporate governance, product safety and access to justice, while addressing ongoing challenges around cost, delay and efficiency. He also outlines a range of reforms aimed at creating a faster, fairer and more effective class action system for all participants.

In this episode, we step back from our case study (covered in Episode 1 Parts One and Two) to address a key question: how does GenAI compare to technology-assisted review (TAR)? David Beck (Head of eDiscovery UK & EMEA), Meghan Ryan (Senior Manager, eDiscovery) and Danbee Kim (Head of Digital Legal, US) cut through the hype to explore how these technologies work in practice. They examine why TAR remains central to large-scale review - particularly for precision, consistency and defensibility - and where GenAI adds value, including contextual insight and early case analysis. Drawing on real-world experience, they show why GenAI is often reinforcing (not replacing) TAR, and reframe the debate around a more practical question: what is the right approach for the matter, the data and the client?

This is the third episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments that are shaping litigation. In this episode we look at the use of AI by public bodies following a recent judgment on the lawfulness of the Metropolitan Police's live facial recognition technology, as well as discussing some of the key IP issues that AI developers and users are currently confronting. This episode is hosted by Martin Hevey, a senior associate in our disputes team, who is joined by Andrew Lidbetter and Jasveer Randhawa from our public law and regulatory team, and Peter Dalton, a partner in the cyber security and IP practices. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Civil Justice Council publishes update on consultation responses regarding use of AI for preparing court documents https://www.hsfkramer.com/notes/litigation/2026-07/civil-justice-council-publishes-update-on-consultation-responses-regarding-use-of-ai-for-preparing-court-documents • Lessons for AI use by public authorities in Divisional Court's decision on lawfulness of facial recognition technology https://www.hsfkramer.com/notes/publiclaw/lessons-for-ai-use-by-public-authorities-in-divisional-courts-decision-on-lawfulness-of-facial-recognition-technology

In this July wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. They start with an update on ECHR and proportionality, examining recent developments in A1P1 property rights, following the decisions in Dana Astra and BYL. The discussion then turns to practical takeaways for those advising on contentious regulatory matters, including the High Court's refusal of permission to challenge a late application in Intelligent Land Investments Group, and the evidential threshold required when seeking to restrain the publication of public authority decisions in Euro Car Parks Ltd and South East Water. They also examine the courts' evolving approach where regulators overstep, as illustrated by R (University of Sussex) v Office for Students, alongside recent High Court guidance on the correct test to be applied in energy price control appeals. To conclude, they flag the Divisional Court's decision on the lawfulness of facial recognition technology and the useful lessons it holds for the future use of AI by public authorities. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).

This podcast focuses on dawn raids and how businesses can prepare for and respond to them. Dawn raids are unannounced inspections carried out by regulatory and investigative authorities to gather evidence of suspected legal breaches. In this episode, we discuss: 1) what dawn raids are and the authorities that conduct them; 2) recent trends in dawn raid activity, including the growing challenges posed by electronic data and hybrid working; and 3) the key steps companies and employees should take before, during and after a dawn raid to ensure compliance and protect their legal position. Speakers: Dawen Gao, Tianxin Sun 这一期我们将重点讨论黎明突袭（Dawn Raids）以及企业应如何应对此类调查。黎明突袭是监管机构或执法机关为调查涉嫌违法违规行为而开展的未经预先通知的现场检查。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将介绍什么是黎明突袭，以及哪些监管和执法机构有权开展此类检查；2）其次，我们将探讨近年来黎明突袭的发展趋势，包括电子数据管理和远程办公模式带来的新挑战；3）最后，我们将分享企业和员工在黎明突袭前、黎明突袭期间及结束后应采取的关键应对措施，以确保合规并维护自身合法权益。 Speakers: 高达文，孙田心

Changes to workplace harassment laws – steps employers should take to prepare In this fifth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, focus on the changes to the law on harassment due to come into force in October 2026. These reforms extend the new preventative duty first introduced in October 2024, turning it into a duty to take "all reasonable steps" to prevent sexual harassment, and also create the potential for employees to bring claims against their employer in relation to any type of unlawful harassment by a third party. We discuss the steps employers in different sectors should take now to minimise the risk of claims. The Equality and Human Rights Commission's technical guidance dated 2024 referred to in the podcast is available here: https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance; the Commission's latest research is here: https://www.equalityhumanrights.com/our-work/our-research/our-research-workplace-harassment.

In this episode of On Just Terms, HSF Kramer partners Cameron Hanson and Tania Gray speak with Mark Rigotti, Managing Director and CEO of the Australian Institute of Company Directors, about the evolving governance landscape. The discussion explores governing culture beyond compliance, the growing influence of AI in the boardroom, and the impact of private capital on transparency, accountability and board priorities. A timely conversation for directors, executives and advisers navigating change in an increasingly complex environment.

This is the 38th episode of our series of commercial litigation update podcasts. In this episode we discuss privilege, including a recent case on privilege and litigation funding, disclosure, court organisation, and the question of when a third party's fraud will break the chain of causation. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Angela Liu and David Shepherd, two senior associates in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications https://www.hsfkramer.com/notes/litigation/2026-04/high-court-finds-legal-advice-privilege-is-not-limited-to-lawyer-client-communications-but-extends-to-intra-client-communications • Disclosure Review Working Group considering simplification of PD 57AD disclosure regime following survey https://www.hsfkramer.com/notes/litigation/2026-05/disclosure-review-working-group-considering-simplification-of-pd-57ad-disclosure-regime-following-survey • Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced • Court of Appeal holds fraudsters' intervention broke chain of causation https://www.hsfkramer.com/notes/cf/2026-posts/court-of-appeal-holds-fraudsters-intervention-broke-chain-of-causation • Litigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claim https://www.hsfkramer.com/notes/litigation/2026-06/litigation-funding-and-privilege-high-court-finds-litigation-privilege-does-not-apply-to-communications-prepared-to-enable-funders-to-assess-whether-to-support-a-claim See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep38-transcript.pdf

In this follow-on episode, Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Ariel Wiebe (Associate, Disputes) focus on one of the most critical aspects of applying GenAI in legal review: prompting. Building on a live High Court disclosure exercise, they explore how prompt design directly shapes the quality, consistency and defensibility of outcomes—framing prompting as a core legal skill grounded in judgment. The discussion highlights the iterative nature of prompting in practice, from testing and validation through to refinement at scale, and the importance of lawyer oversight in translating legal reasoning into clear, consistent criteria.

In this episode Andrew Rich, Nanda Lau, Sophie Thompson and Adi Herman explore the evolving global landscape of consumer M&A, where strategic break-ups, portfolio optimisation and sharper deal “matchmaking” are reshaping the market. Drawing on insights from the Global M&A Report 2026: Consumer Sector, they examine key trends playing out across regions, from shifting capital flows and buyer appetite to the growing focus on agility and scale and what these dynamics mean for businesses navigating transactions worldwide.

Partners Lyn Harris (Digital Legal Delivery) and Ajay Malhotra (Disputes) move beyond the hype to examine a live English High Court litigation matter, where Relativity aiR for Review was used to support first-level document review. They explore how the technology was applied in practice, the governance and human oversight underpinning defensibility, and the key lessons from deploying GenAI at scale in a high-stakes dispute.

In this episode of Inside IR, Rohan Doyle and Mitchell Brennan use the recent Full Federal Court decision in AMWU v Opal Packaging Australia (May 2026) to explore the real-world implications of complexity in enterprise agreements. With four decision-makers across three forums arriving at four different interpretations of a relatively common status quo clause, the case is a stark illustration of enterprise agreement complexity, and how status quo clauses can be a source of competitive advantage for employers, potentially stalling workplace change for lengthy periods. Rohan and Mitchell unpack the practical risks of broadly drafted dispute resolution and status quo provisions and offer guidance for employers on simplifying these clauses and using the bargaining table - not the courtroom - to achieve clarity. A must-listen for employers, HR and IR professionals grappling with complex legacy enterprise agreement drafting in an environment that demands greater clarity and agility.

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 Elina Kyselchuk. Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Elina Kyselchuk (Associate). This podcast can be listened to on SoundCloud, Apple and Spotify and don't forget to subscribe to the channel to receive updates on future episodes. You can find out more about the cases covered in this podcast on our blog at the following links: High Court dismisses injunction application to prevent current account closure on grounds of financial crime concerns https://www.hsfkramer.com/notes/bankinglitigation/2026-04/high-court-dismisses-injunction-application-to-prevent-current-account-closure-on-grounds-of-financial-crime-concerns High Court refuses to grant injunction against bank preventing payout under performance bond https://www.hsfkramer.com/notes/bankinglitigation/2026-04/high-court-refuses-to-grant-injunction-against-bank-preventing-payout-under-performance-bond Law Commission to consider introduction of opt-out consumer class actions regime https://www.hsfkramer.com/notes/bankinglitigation/2026-04/law-commission-to-consider-introduction-of-opt-out-consumer-class-actions-regime HM Treasury pitches base camp at the mountain of consumer credit reforms https://www.hsfkramer.com/notes/bankinglitigation/2026-04/hm-treasury-pitches-base-camp-at-the-mountain-of-consumer-credit-reform FCA to Review Claims Management Practices https://www.hsfkramer.com/notes/bankinglitigation/2026-04/high-court-dismisses-injunction-application-to-prevent-current-account-closure-on-grounds-of-financial-crime-concerns0 Creation of new Business and Property Division of the High Court announced https://www.hsfkramer.com/notes/litigation/2026-06/creation-of-new-business-and-property-division-of-the-high-court-announced Handy client guide to privilege – newly updated https://www.hsfkramer.com/notes/litigation/2026-05/handy-client-guide-to-privilege-newly-updated Biannual Banking Litigation Update (Spring 2026) https://www.hsfkramer.com/notes/bankinglitigation/2026-04/bi-annual-banking-litigation-update-spring-2026

Unfair dismissal from January 2027 – what employers need to do now In this fourth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, turn to one of the most significant changes - certainly the most controversial in terms of its progress through parliament - the Unfair Dismissal changes landing on 1 January 2027.

In this episode of On Just Terms, Jason Betts and Harry Edwards are joined by Lucinda McCann, Chief Compliance Officer at the ASX, for a candid conversation on the organisation's approach to its supervisory and enforcement responsibilities. Lucinda discusses ASX's shift to risk-based supervision, effective engagement during its inquiries, continuous disclosure obligations, trading halts, and its referrals of matters to ASIC. She also explores the impact of the securities class actions market on its work and how AI may support the ASX's work. A practical discussion for those advising or working in Australia's listed markets.

This is the 37th episode of our series of commercial litigation update podcasts, which is a special edition focusing on force majeure. As well as outlining the legal landscape for force majeure under English law, it gives practical guidance on both drafting force majeure clauses and dealing with force majeure scenarios. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Julian Copeman, a disputes partner, and Richard Mendoza, an of counsel in our disputes team. They are also two of the editors of a recently published book on Force Majeure: Force Majeure - An International Comparative Analysis. Below you can find links to our blog posts on some of the developments and cases covered in this podcast, and previous materials published on force majeure. • Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application https://www.hsfkramer.com/notes/litigation/2023-05/force-majeure-general-assertions-as-to-impact-of-covid-19-and-brexit-not-sufficient-to-defeat-summary-judgment-application • High Court decision considers force majeure and sanctions issues https://www.hsfkramer.com/notes/litigation/2024-01/high-court-decision-considers-force-majeure-and-sanctions-issues • Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performance https://www.hsfkramer.com/notes/litigation/2024-05/force-majeure-supreme-court-finds-no-obligation-on-party-seeking-to-rely-on-force-majeure-clause-to-accept-counterpartys-offer-of-non-contractual-performance • Global trade tariffs: Impact on contractual arrangements https://www.hsfkramer.com/notes/litigation/2025-04/global-trade-tariffs-impact-on-contractual-arrangements • When events intervene: Force majeure, frustration and material adverse change https://www.hsfkramer.com/notes/litigation/2020-10/when-events-intervene-force-majeure-frustration-and-material-adverse-change • 'A board-level issue': the resurgence of force majeure - The Global Legal Post https://www.globallegalpost.com/news/a-board-level-issue-the-resurgence-of-force-majeure-132016115 See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep37-transcript.pdf

In this episode of Deal Talk, partners Kam Jamshidi and Andrew Bradley explore the opportunities for M&A in the Australian financial services sector. Sharing insights from their recent experience advising on the sale of Insignia Financial, Andrew and Kam work through the key issues facing dealmakers in this sector, including: - The themes driving financial services M&A and private equity interest - How the sector has changed in the years since the Royal Commission - ASIC's enforcement focus and why regulatory pressure is an opportunity, not just a threat - The Shield and First Guardian situation and what it means for the broader ecosystem - Legacy technology stacks and the opportunity for international buyers to add value; and - The differences in working with APRA and FIRB to get a deal over the line. Important listening for private equity sponsors and strategic acquirers considering the Australian financial services sector.

In this follow-up episode to Part 1: The Star Decision - Lessons for Directors, HSF Kramer Chair and Senior Partner Rebecca Maslen-Stannage and Head Office Advisory Partner Carolyn Pugsley, turn to the broader governance lessons from the Star decision — including Justice Lee's pointed observations on AI in the boardroom, the growing impracticality of modern board papers, and the role of general counsel and company secretaries. A must-listen for boards and governance professionals navigating the evolving duties landscape in Australia.

HSF Kramer Chair and Senior Partner Rebecca Maslen-Stannage and Head Office Advisory Partner Carolyn Pugsley, unpack the Federal Court's landmark decision and draw out practical takeaways for NEDs in this two-part podcast series. In this episode, they discuss the facts and basis of ASIC's allegations, as well as the key outcomes and contributing management and board dynamics (drawing contrasts to other seminal directors' duties cases such as the Centro decision). In episode two, the discussion turns to the broader governance lessons from the Star decision — including Justice Lee's pointed observations on AI in the boardroom, the growing impracticality of modern board papers, and the role of general counsel and company secretaries. This is a must-listen for NEDS navigating the evolving duties landscape in Australia.