Herbert Smith Freehills Podcasts

Following new amendments to Australian anti-bribery and corruption laws introduced in September 2024, HSF Kramer Partners Leon Chung, Tania Gray and Eunice Park delve further into the offence and what Australian corporates should do if they find themselves in a foreign bribery situation and practical steps organisations can take to address risks. We are joined by HSF Kramer London Partner Kate Meakin to share practical insights from the United Kingdom's experiences with similar laws.

In this episode of Inside Safety, presenters Nerida Jessup and Olga Klimczak examine the evolving legal and regulatory landscape surrounding silica exposure and the associated risk of silicosis. With recent developments shifting the framework from workplace exposure standards to workplace exposure limits, the episode offers timely insights into how these changes affect compliance, risk management, and health outcomes – particularly in high-risk sectors like manufacturing and mining. The discussion also draws on historical parallels, such as asbestos, to explore what the future may hold for silica regulation. With the establishment of a dedicated regulatory silica taskforce, the presenters highlight emerging guidance and enforcement trends that are shaping workplace safety. Whether you're advising on policy, managing operations, or working on the ground, this episode provides essential context for navigating silica-related risks in today's industrial environments.

In this episode, we talk about Practice Statement 36 https://code.thetakeoverpanel.org.uk/tp/ps/ps-36.html which has recently been published by the UK Takeover Panel on unlisted share alternatives. Topics we discuss include: - what terms for an unlisted share alternative are acceptable, and what is not acceptable; - what rights can be attached to the shares; and - the disclosure required.

In this episode, Vanessa Naish and Liz Kantor are joined by their first external speaker, Kevin Nash, Director General of the London Court of International Arbitration. Kevin shares his vision for the future of the LCIA and what makes the LCIA unique, explores potential updates to its rules and offers his perspective on the vital role institutions play in international arbitration. Tune in for an informative conversation about the inner workings of the LCIA and institutional arbitration more generally.

In this episode of Inside IR, Rohan Doyle is joined by partners Anthony Wood and Wendy Fauvel to look ahead to the Federal Government's upcoming August 2025 Productivity Summit. Rohan, Tony and Wendy share what is known about the plans for the summit, and explore the all important question of what role industrial relations will play in improving the rate of productivity growth in Australia.

In this episode, we cross examine Tamir Maltz, Barrister at 12 Wentworth Selborne Chambers, Sydney. It would be hard to argue that there is anyone more experienced in cyber injunctions in Australia than Tamir. With over 20 years of experience, Tamir provides strategic legal advice and robust representation to clients across a variety of sectors including corporate, construction, property and technology. Tamir's career highlights include securing the first Australian injunction against a foreign hacking group. In this podcast we talk about the motivation behind the injunction initiative, the pros / cons and how the courts are viewing these arrangements. We also look at the client benefits and when they are best utilised. Who better to explain this than the individual who first implemented this initiative here in Australia (and the leading barrister in this space). Thanks again for listening. This is Cross Examining Tamir Maltz. Here we go…

Marina Reason and Rakshi Kiran examine FCA consultation paper 25/15, which proposes a brand-new prudential regime for cryptoasset firms, including rules on regulatory capital. This is the first sight of a dedicated prudential framework tailored specifically for crypto firms in the UK. CP25/15 is designed to be read alongside a related FCA consultation paper (CP25/14), which proposes rules and guidance on stablecoin issuance and cryptoasset custody. We unpacked the FCA's proposals on issuing qualifying stablecoins in our recent podcast "Decrypting the FCA stablecoin rules" - https://soundcloud.com/hsfkramer/fsr-podcast-decrypting-the-fca-stablecoin-rules - and we will be considering the FCA's proposals on crypto custody in a future podcast. 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. Speakers: Marina Reason, Partner, Financial Services Regulation, London; Rakshi Kiran, Associate, Financial Services Regulation, London.

On 6 April 2025 the UK's new consumer protection regime came into force. The changes, introduced under the Digital Markets, Competition and Consumers Act 2024, include a new direct enforcement regime for the CMA as well as a number of changes to the substantive law, aimed at improving and modernising consumer rights in order to ensure they keep pace with market developments, in particular the trend towards online retail and advertising. In this podcast we take you through the key features of the new, enhanced regime and we are joined by guest speaker Amy McMeekin, Head of Competition and Consumer Law at Sainsbury's, who provides some insights on the impact of the changes for businesses.

In this episode, Vanessa Naish and Liz Kantor are joined by Patricia Nacimiento, Laurence Franc-Menget, and Francis Greenway to explore recent and proposed reforms to arbitration laws in the UK, Germany, France, and Singapore. The discussion unpacks the motivations behind each jurisdiction's legislative updates, highlights key proposals, and considers their broader implications for international arbitration practice. Whether you're a practitioner, policymaker or arbitration enthusiast, this episode offers valuable insights into the evolving global arbitration landscape.

On 3 June 2025, the FCA published PS25/5 https://www.fca.org.uk/publication/policy/ps25-5.pdf which included the final version of its updated Enforcement Guide. In Episode 7 of the FSR Brief, Jon Ford and Michael Tan discuss the key changes to the FCA's approach to transparency in relation to investigations and the other changes to the Enforcement Guide, and how these may play out in practice. For an overview of the changes, read our blog post on PS25/5 https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/fca-final-enforcement-guide

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. You can find links to our blogs on the cases covered in this podcast below: County Court considers limitation period for unfair relationship claim in secret commission case https://www.hsfkramer.com/notes/bankinglitigation/2025-04/county-court-considers-limitation-period-for-unfair-relationship-claim-in-secret-commission-case Supreme Court confirms fiduciary must account even for profits that would have been made without the breach of duty https://www.hsfkramer.com/notes/bankinglitigation/2025-04/supreme-court-confirms-fiduciary-must-account-even-for-profits-that-would-have-been-made-without-the-breach-of-duty High Court grants banks' request to revoke final anti-suit injunctions in their favour but refuses to revoke declarations on jurisdiction https://www.hsfkramer.com/notes/bankinglitigation/2025-04/high-court-grants-banks-request-to-revoke-final-anti-suit-injunctions-in-their-favour-but-refuses-to-revoke-declarations-on-jurisdiction Court lambasts citation of fake authorities in proceedings and orders wasted costs https://www.hsfkramer.com/notes/litigation/2025-05/court-lambasts-citation-of-fake-authorities-in-proceedings-and-orders-wasted-costs Court of Appeal decision shows possibility of parallel proceedings inherent in asymmetric jurisdiction clauses https://www.hsfkramer.com/notes/litigation/2025-05/court-of-appeal-decision-shows-possibility-of-parallel-proceedings-inherent-in-asymmetric-jurisdiction-clauses Asymmetric jurisdiction clauses: when will they be effective? https://www.hsfkramer.com/notes/bankinglitigation/2025-04/asymmetric-jurisdiction-clauses-when-will-they-be-effective An overview of potential disputes caused by market dislocation https://www.hsfkramer.com/notes/bankinglitigation/2025-04/an-overview-of-potential-disputes-caused-by-market-dislocation Greenwashing at a glance - regulatory sanctions and claims in financial services across Europe https://www.hsfkramer.com/notes/bankinglitigation/2025-04/greenwashing-at-a-glance-regulatory-sanctions-and-claims-in-financial-services-across-europe Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

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 Bites' podcast, host Toby Eggleston alongside Professor Graeme Cooper and fellow partner Ryan Leslie, explore the complexities of the third party debt test as it relates to Australia's thin capitalisation rules. Key discussions include the overview and operational intricacies of the third party debt test introduced to replace the arm's length debt test, the guidance and issues arising from the ATO, and the impact of these changes on the infrastructure and property sectors. Special segments also cover the ATO's draft practical compliance guidelines on related party financing and the tax risk associated with the quantum of debt. In addition, the episode highlights updates on Section 899, U.S. tax policy interactions, and a farewell to fan favourite, Graeme Cooper after his substantial contributions to the firm. 00:10 Introduction and Welcome 00:54 Overview of Thin Capitalisation Rules 02:56 Third Party Debt Test Explained 06:11 Emerging Issues with Third Party Debt Test 12:34 Practical Challenges and Industry Reactions 20:14 Conduit Financing and Swap Costs 28:04 Draft Practical Compliance Guide (PCG) PCG 2025/D2 44:01 Closing Remarks and Farewell

Interview with Jen Sisson, CEO of the International Corporate Governance Network (ICGN) on AGMs, corporate reporting and governance reform in 2025 Speakers: Gareth Sykes, Partner and Jen Sisson, CEO of The International Corporate Governance Network

Interview with Jen Sisson, CEO of the International Corporate Governance Network (ICGN) on AGMs, corporate reporting and governance reform in 2025 Speakers: Gareth Sykes, Partner and Jen Sisson, CEO of The International Corporate Governance Network

In our second episode of Inside Employment, we explore the evolving intersection between industrial relations and immigration law. As regulatory frameworks continue to shift, we're seeing increasing crossover in the concepts and compliance expectations that govern both domains. Joining host Drew Pearson, Partner at Herbert Smith Freehills Kramer, and Executive Counsel Sophie Beaman, is special guest Charles Johanes from Fragomen. Together, they unpack the parallels between recent developments in IR legislation and the emerging trends in immigration compliance. From the growing role of regulators to the shared challenges faced by employers navigating these complex landscapes, this conversation offers valuable insights for legal professionals, HR leaders, and policy watchers alike.

Marina Reason and Chloe Kim unpack the FCA's proposals on issuing qualifying stablecoins that are set out in consultation paper 25/14, published in late May. In CP25/14, the FCA also seeks views on proposed rules and guidance for safeguarding qualifying cryptoassets, including qualifying stablecoins. We will consider these proposals in a future podcast. Publication of CP25/14 represents another milestone met under the FCA's crypto roadmap. It follows publication by HM Treasury (in late April) of near-final draft legislation to create new regulated activities for cryptoassets, and an FCA discussion paper (DP25/1) (published in early May) on regulating cryptoassets, Both the draft legislation and DP25/1 are considered in our recent 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.

In this edition of the Public Law podcast series, Andrew Lidbetter and Jasveer Randhawa explore implications of the growing role of AI in decision-making by public bodies and regulators. With AI being increasingly used to inform regulatory and public body decisions, Andrew and Jasveer outline how the current judicial review procedure operates in the context of a challenge to a decision which has involved the use of AI. Exploring its complexities, they discuss challenges posed by decisions which involve the use of AI and the possibility of future changes in judicial review practice which this developing technology may require. Speakers: Andrew Lidbetter (Consultant) and Jasveer Randhawa (Knowledge Counsel).

In this episode of the Herbert Smith Freehills Kramer Tax Bites podcast, hosts Toby Eggleston and Professor Graham Cooper discuss the significant implications of the proposed Section 899 under President Trump's 'One Big, Beautiful Bill' Act. They delve into how these retaliatory taxes imposed by the US aim to counteract what are perceived to be unfair or discriminatory foreign taxes, particularly affecting Australian companies. The discussion covers the legislative background, specific unfair taxes such as undertaxed profits rules, digital services taxes, and diverted profits taxes. They also explore the potential consequences for Australian taxpayers, the Australian government's actions, and the broader impact on the international tax regime. 00:10 Introduction and Greetings 00:31 Overview of Section 899 and Its Implications 00:56 Background and Legislative Process 01:52 Impact on Australian Firms and Government 05:26 Unfair Foreign Taxes Defined 10:29 Potential Triggers and Affected Taxes 11:53 Impact on Australian Taxpayers and Government 16:52 Modifications to BEAT Rules 20:50 Treaty Interactions and Future Implications 23:23 Conclusion and Final Thoughts

This is the 31st episode of our series of commercial litigation update podcasts. In this episode we will discuss fake authorities, the Hague 2019 judgments convention, the Civil Justice Council's report on litigation funding, a recent decision where the English court has accepted jurisdiction despite acknowledging that the case had a closer connection with Brazil, and some interesting recent cases on responding to proceedings and inadvertent disclosure of privileged material. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Neil Blake, a disputes partner, and Tracey Lattimer, a knowledge lawyer in the commercial litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. Links • Court lambasts citation of fake authorities in proceedings and orders wasted costs - https://www.hsfkramer.com/notes/litigation/2025-05/court-lambasts-citation-of-fake-authorities-in-proceedings-and-orders-wasted-costs • The Hague 2019 Judgments Convention: Bolstering the UK's position as a jurisdiction of choice for international dispute resolution - https://www.hsfkramer.com/notes/litigation/2024-06/the-hague-2019-cudgments-convention-bolstering-the-uks-position-as-a-jurisdiction-of-choice-for-international-dispute-resolution • Civil Justice Council's final report on litigation funding recommends "light touch" statutory regulation - https://www.hsfkramer.com/notes/litigation/2025-06/civil-justice-councils-final-report-on-litigation-funding-recommends-light-touch-statutory-regulation • 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 • High Court declines to extend time for defendant to challenge court's jurisdiction, despite claim form having been served out of time - https://www.hsfkramer.com/notes/litigation/2025-04/high-court-declines-to-extend-time-for-defendant-to-challenge-courts-jurisdiction • High Court grants permission to rely on inadvertently disclosed privileged documents where the mistake was not obvious - https://www.hsfkramer.com/notes/litigation/2025-05/high-court-grants-permission-to-rely-on-inadvertently-disclosed-privileged-documents-where-the-mistake-was-not-obvious See podcast episode transcript here - https://marketing.hsfkramer.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep31.pdf

Changes are being made to company law, to tackle fraud and boost transparency. The changes affect pension schemes. In particular, trustee directors will in future need to verify their identity. Isobel Hoyle from our corporate team joins to discuss. She explains what identity verification will involve, and flags other points which should be on the radar of trustees and employers. For more on identity verification and the changes generally, click here for a suite of guides published by Isobel and colleagues. Subscribe to the HSF Pensions Notes Blog here: https://www.hsfkramer.com/notes/pensions/subscribe

In this episode we talk about auction procedures under the Takeover Code. We discuss: • what an auction procedure is; • when they are used; and • how they work.

After initial scepticism, Crypto is making its way into the UK regulatory perimeter. In the sixth episode of the FSR Brief, Jon Ford and Michael Tan are joined by Chris Ninan and Elizabeth Stephens to discuss the road to regulation, with a focus on the recently published statutory instrument https://www.gov.uk/government/publications/regulatory-regime-for-cryptoassets-regulated-activities-draft-si-and-policy-note from the UK Government, and the FCA's "DP25/1: Regulating cryptoasset activities". https://www.fca.org.uk/publication/discussion/dp25-1.pdf We explore how the Government and the FCA propose to balance the promotion of growth of the Crypto industry with the need to protect consumers. This episode supplements the podcast by our FSR advisory team on the Top 3 Takeaways from the new Crypto Rules https://soundcloud.com/hsfkramer/fsr-the-new-uk-crypto-rules, and the blog post about the draft rules https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/uk-cryptoassets-regime-the-draft-rules-have-landed.

Marina Reason and Ioannis Asimakopoulos discuss the scope of the new UK crypto rules and highlight the top 3 takeaways. They consider the draft legislation that will bring certain cryptoassets within the financial services regulatory perimeter. They also outline the key aspects of a related Financial Conduct Authority (FCA) discussion paper that sets out the FCA's initial proposals for regulating these new activities. Speakers: Marina Reason, Partner, Financial Services Regulation, London and Ioannis Asimakopoulos, Senior Associate, Financial Services Regulation, London.

Tune into our 27th episode of Inside IR, in which IR experts Rohan Doyle (Partner) and Emma Vautin (Senior Associate) are joined by Steve Bell, Managing Partner and Safety lead, to discuss “Managing picket lines at the workplace – the crossover between IR and safety”. In this episode, the team share their extensive experience in working alongside clients in managing pickets outside their workplaces and reflect on what they see as an increasing frequency of workplace pickets. Steve, Emma and Rohan reflect on the harm that obstructive pickets can cause, the psychosocial health and safety risks that they sometimes present, and share tips on how employers and principals can promote safe access to and egress from their worksites during these events.

Artificial intelligence is upon us, but are schemes ready? Trustees may not yet be offering AI tools, but members have been quick off the mark. In this second episode, we discuss how members are using AI, before closing with practical tips for trustees. Our guest, again, is comms consultant Thomas Joy (Quietroom). Subscribe to our Pensions Notes Blog here: www.herbertsmithfreehills.com/notes/pensions/subscribe

Tim Stutt, Anna Coroneo and Isabella Kelly delve into the integration of sustainability reports into annual reports, exploring the challenges and strategies for clear and effective climate-related disclosures. They cover a broad spectrum of topics including the potential for ASIC relief applications, complexities of cross-referencing and implications of the modified liability regime. They share insights from the latest ASIC sustainability guidance released in March 2025 and practical tips for ensuring compliance and effective communication in your sustainability reporting.

Karen is a genuine global leader in the cyber-legal space. She manages the relationship between Google Mandiant and its law firm and insurance partners. She has had a remarkable cyber career…think FireEye, Safeguard Cyber, Mandiant and now Google Mandiant! Karen and I caught up at the IAPP Global Conference in Washington D.C. and then again at the RSAC Conference in San Francisco. We recorded this session as some 50,000 cyber experts took over downtown San Francisco. If you want to know more about the interaction between law firms and cyber forensic firms, this podcast is for you. Karen shares her views on the current threat landscape, the role of the cyber-forensic expert, the remarkable rise of the Google Mandiant cyber team and successful engagement with law firms / legal teams. A proud Buffalonian and fierce advocate for women in cyber. This is cross-examining Karen Kukoda. Here we go…

In the first episode of the podcast, hosted by Steve Bell and Nerida Jessup, we focus on a contemporary issue for Australian workplaces - psychosocial health and safety. Traditionally centred on physical risks, there has been a significant shift over the past five years towards managing non-physical risks such as bullying and sexual harassment. This now includes considerations on how work is performed, allocated, and designed to help employees thrive. This episode highlights the increased regulation and enforcement in this area more recently, emphasising the need for developing risk registers to identify psychosocial risks and implementing consistent controls. It also notes the growing expectation for HR and people and culture teams to adopt the language of work health and safety and risk management, offering practical tips on how to effectively manage these changes.

In this episode of the Talking Shop podcast, we delve into the role of Intellectual Property (IP) as a tool for sustainability. We explore how technology and IP can be leveraged to reduce waste while simultaneously increasing value for a brand, and the balance between innovation, sustainability, and IP protection.

Artificial intelligence is upon us, but are schemes ready? Like it or not, members are already turning to AI to guide their pension decisions. In the first of two episodes, we focus on the opportunities and challenges for trustees. Thomas Joy, from comms consultants Quietroom, joins to discuss with pensions partner Michael Aherne. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe

Talking Shop EP19: Global M&A trends in the consumer sector by Herbert Smith Freehills Podcasts

In our first episode of The Third Wheel for 2025, Tim Stutt, Anna Coroneo and Suzannah Hewson explore the key themes and latest trends in climate and sustainability reporting both globally and in Australia. They offer practical advice for companies preparing for new regulatory requirements and conducting climate reporting readiness initiatives, including gaps analysis, data management, and stakeholder engagement. They also explore broader ESG issues, such as integrating ESG into risk management and procurement processes, and the future of nature-related reporting.

In this edition of our banking litigation podcast, we discuss and debate 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 Ariel Wiebe. You can also listen on Apple, Spotify, Buzzsprout and SoundCloud, and find links to our blog posts on the cases covered in this podcast below: • Court of Appeal confirms that dishonesty is essential ingredient in half-secret commission claims https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/court-of-appeal-confirms-that-dishonesty-is-essential-ingredient-in-half-secret-commission-claims • High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-motor-finance-claimants-can-use-omnibus-claim-forms-and-do-not-need-to-issue-separate-claim-forms • High Court confirms no novel "retrieval" duty owed by receiving banks to non-customers https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-no-novel-retrieval-duty-owed-by-receiving-banks-to-non-customers • High Court rules in favour of APP fraud victims in "derivative" action against PSP for breach of so-called Quincecare duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-04/high-court-rules-in-favour-of-app-fraud-victims-in-derivative-action-against-psp-for-breach-of-so-called-quincecare-duty • Banking litigation podcast episode 51: Quincecare special – March 2025 https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/Banking-litigation-podcast-episode-51--Quincecare-special-%E2%80%93-March-2025 • High Court finds Letter of Comfort creates binding guarantee and Ralli Bros principle not engaged where foreign illegality arises from failure to seek regulatory permission https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-letter-of-comfort-created-binding-guarantee-ralli-bros-principle • Asymmetric jurisdiction clauses: CJEU finds jurisdiction clause in favour of EU courts may be valid despite giving one party greater choice https://www.herbertsmithfreehills.com/notes/litigation/2025-03/Asymmetric-jurisdiction-clauses--CJEU-finds-jurisdiction-clause-in-favour-of-EU-courts-may-be-valid-despite-giving-one-party-greater-choice- • Hedging: where is the dividing line? https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-04/Hedging--where-is-the-dividing-line- • Biannual Banking Litigation Update (Spring 2024) https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/bi-annual-banking-litigation-update-spring-2025 Don't forget to subscribe to the banking litigation blog. https://hsfnotes.com/bankinglitigation/subscribe/

As part of Government's relentless drive to grow the economy, regulators have been challenged on how they can support the growth agenda. In Episode 5 of the FSR Brief, Jon Ford and Michael Tan are joined by Jenny Stainsby and Tim Parkes to discuss how this is playing out in Financial Services, and how regulators are responding. At the same time as going "God on Growth", the FCA has fired up the debate about where the balance should lie between consumer protection and risk taking, and where the "sweet spot" lies between over and under regulating.

In this episode of the Herbert Smith Freehills Tax Podcast, partner Toby Eggleston and consulting Professor Graham Cooper discuss recent tax policy announcements from both major political parties in light of the upcoming election. They focus on measures affecting large businesses, small businesses, and individuals and on unenacted measures and the implications of these policies for businesses and taxpayers. also touch on the impact of global tax trends, specifically the OECD's pillar one and pillar two frameworks. 00:10 Introduction and Welcome 00:37 Election Cycle Updates 01:50 Tax Proposals for Individuals 08:49 Tax Proposals for Small Businesses 15:15 Venture Capital and Fuel Excise 18:01 Unenacted Measures and Future Proposals 28:47 Conclusion and Final Thoughts

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

In this Easter edition of the public law podcast, Jasveer Randhawa is joined by HSF partners Nusrat Zar and James Wood. Together, they discuss the application and availability of public law in a contractual context. They then delve into the cases of Sarcp and Clifford to consider the duty to consult and the Gunning principles. To conclude, they explore approaches to the extension of Convention rights and reflect on public law courts' willingness to carry out and safeguard their role in cases ranging from environmental protection to unfairness relating to policy changes. Don't forget to subscribe to the channel to receive updates on future episodes: https://soundcloud.com/herbert-smith-freehills Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner). You can find out more about the cases covered in this podcast on our blog at the following links: Court of Appeal finds contractual dispute resolution process amenable to judicial review https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/Court-of-Appeal-finds-contractual-dispute-resolution-process-amenable-to-judicial-review- How (not) to consult: consultation and the Gunning principles in operation https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/how-not-to-consult-consultation-and-the-gunning-principles-in-operation No interest here: High Court refuses to extend extraterritorial scope of the European Convention on Human Rights https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/no-interest-here-high-court-refuses-to-extend-extraterritorial-scope-of-the-european-convention-on-human-rights European Court of Human Rights finds first violation of Convention rights based on climate change https://www.herbertsmithfreehills.com/notes/publiclaw/2024-04/european-court-of-human-rights-finds-first-violation-of-convention-rights-based-on-climate-change European Court of Human Rights finds state failure to deal with decades of large scale pollution breaches right to life https://www.herbertsmithfreehills.com/notes/publiclaw/2025-posts/European-Court-of-Human-Rights-finds-state-failure-to-deal-with-decades-of--large-scale-pollution-breaches-right-to-life

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

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

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

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

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

In this latest episode of Insurance Bites, partners Greig Anderson and Antonia Pegden and associate Meena Mariadassou explore the insurance implications of the motor finance broker commission cases (Johnson v FirstRand Bank; Wrench v FirstRand Bank; Hopcraft v Close Brothers). The Supreme Court hearing of this case begins this morning, and could have significant consequences for financial services policyholders in the UK - this episode gives an overview of the case, and practical steps to take from a coverage perspective. You can find links to our blogs and podcasts on the cases covered in this podcast below: • Court of Appeal finds lenders liable in motor finance broker commission cases https://www.herbertsmithfreehills.com/notes/insurance/2024-posts/Court-of-Appeal-finds-lender-liable-in-motor-finance-broker-commission-cases- • Secret commissions and indemnity policies: Insurance implications of Court of Appeal broker commissions decision in Johnson v FirstRand https://www.herbertsmithfreehills.com/notes/insurance/2024-posts/secret-commissions-and-indemnity-policies-insurance-implications-of-court-of-appeal-broker-commissions-decision-in-johnson-v-firstrand • High Court confirms 5,800 motor finance claimants can use omnibus claim forms and do not need to issue separate claim forms https://www.herbertsmithfreehills.com/notes/bankinglitigation/2025-03/high-court-confirms-motor-finance-claimants-can-use-omnibus-claim-forms-and-do-not-need-to-issue-separate-claim-forms • Motor Finance: Where are we and where next? https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2025-posts/motor-finance--where-are-we-and-where-next

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

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

This episode brings together our CC&I and ESG teams to consider supply chain risks, both in the context of failure to prevent fraud and of broader sustainability issues. Elizabeth Head, Kate Meakin and Rebecca Chin discuss whether suppliers are associated persons for the purposes of failure to prevent fraud, increased international expectations and requirements around human rights and environmental due diligence on supply chains, and the steps that companies can consider taking to address these risks. Further information on the topics covered in this episode can be found in these links: • A summary of failure to prevent fraud is here https://marketing.hsf.com/20/33497/landing-pages/des0003152-v1.pdf • Further information on ESG and money laundering issues in supply chains is here https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/court-of-appeal-decision-shines-a-spotlight-on-esg-and-money-laundering-issues-in-supply-chains • Information on the EU forced labour ban is here https://www.herbertsmithfreehills.com/insights/2025-01/eu-council-adopts-ban-on-products-made-with-forced-labour • Information on the Corporate Sustainability Due Diligence Directive is here https://www.herbertsmithfreehills.com/insights/2024-03/corporate-sustainability-due-diligence-to-become-mandatory-across-the-eu • We discuss UK calls for the introduction of mandatory human rights due diligence here https://www.herbertsmithfreehills.com/insights/2025-01/uk-house-of-lords-select-committee-calls-for-the-introduction-of-mandatory-human-rights-due-diligence • We discuss the EU's Omnibus proposals here https://www.herbertsmithfreehills.com/notes/esg/2025-posts/The-EU-Omnibus-Package-%E2%80%93-What-do-we-know-so-far- • To receive our latest ESG insights, sign up to our ESG Newsletter here https://www.herbertsmithfreehills.com/notes/esg/subscribe/

In this 30th episode of our series of commercial litigation update podcasts, we will discuss some recent decisions on privilege, a couple of high-profile cases on aspects of insolvency litigation, and some interesting cases on assignment and remedies. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Andrew Cooke, a disputes partner, and Camilla Macpherson, a knowledge lawyer in the commercial litigation team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Litigation privilege: High Court finds privilege applies to valuation report prepared for potential company sale https://www.herbertsmithfreehills.com/notes/litigation/2025-03/Litigation-privilege--High-Court-finds-privilege-applies-to-valuation-report-prepared-for-potential-company-sale- • High Court dismisses late application for disclosure of transcripts of audio files despite rejecting claim for litigation privilege https://www.herbertsmithfreehills.com/notes/litigation/2025-03/high-court-dismisses-late-application-for-disclosure-of-transcripts-of-audio-files-despite-rejecting-claim-for-litigation-privilege • High Court rejects without prejudice privilege for audit report produced for purpose of settlement negotiations https://www.herbertsmithfreehills.com/notes/litigation/2025-03/high-court-rejects-without-prejudice-privilege-for-audit-report-produced-for-purpose-of-settlement-negotiations • Supreme Court confirms broad interpretation of section 423 Insolvency Act 1986 relating to transactions defrauding creditors https://www.herbertsmithfreehills.com/notes/litigation/2025-02/supreme-court-confirms-broad-interpretation-of-section-423-insolvency-act-1986-relating-to-transactions-defrauding-creditors • Court of Appeal finds bankruptcy petition cannot be presented on basis of unrecognised foreign judgment https://www.herbertsmithfreehills.com/notes/litigation/2025-02/court-of-appeal-finds-bankruptcy-petition-cannot-be-presented-on-basis-of-unrecognised-foreign-judgment • New claimant could not be substituted to breach of warranty claim where purported assignment ineffective https://www.herbertsmithfreehills.com/notes/litigation/2025-02/new-claimant-could-not-be-substituted-to-breach-of-warranty-claim-where-purported-assignment-ineffective • Court of Appeal upholds decision to reduce damages to reflect benefit claimant received as a result of steps taken to mitigate its loss https://www.herbertsmithfreehills.com/notes/litigation/2025-02/court-of-appeal-upholds-decision-to-reduce-damages-to-reflect-benefit-claimant-received-as-a-result-of-steps-taken-to-mitigate-its-loss Link to podcast transcript: https://marketing.hsf.com/20/33497/landing-pages/commercial-litigation-podcast-transcript-ep30.pdf

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

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

The Regulator has wide-ranging powers of investigation. Among other things, it can issue a "section 72 notice" – a demand for documents and information. In this episode, we discuss when the Regulator can come knocking, and how trustees or employers should respond. As a firm, we have supported various clients faced with Regulator demands. Associate Phillipine Wiegand-Forson shares her thoughts. Subscribe to the HSF Pensions Notes Blog here: https://www.herbertsmithfreehills.com/notes/pensions/subscribe