KWM Podcasts

In the first episode of KWM's Responsible Business Podcast NEXT,  hosts Dan Creasey and Clem Johnson explore the intersection of business and nature with Rachel Lowry, CEO of Bush Heritage Australia. They discuss the importance of integrating nature into business strategies, the challenges and opportunities of conservation, and the role of partnerships in achieving a nature-positive future. Rachel shares insights from her career in wildlife conservation and highlights the significance of protecting habitats and biodiversity. Key Topics: Business and natureHabitat loss and conservationPartnerships and biodiversityClimate change and natural capitalAI technology in landscape managementShared values and business strategyCommunity resilience

Welcome to the NEXT podcast series - where we sit down with bold thinkers, innovators, and changemakers to explore what's just around the corner and how business and community groups can prepare for it, together. In this first season Clem Johnson, KWM's Head of Social Impact and Shared Value and Dan Creasey, Director of Responsible Business at KWM go deep with thought leaders and changemakers on issues such as the importance of trust-based relationships with communities and future talent, loneliness, social isolation, and mental health in the workplace, and how these forces are shaping our lives and communities. How inequality is growing in Australia, with more people living below the poverty line, struggling with insecure work, rising costs, and limited access to essentials like education and healthcare, among many others. This podcast series will sit alongside our regular, twice annual publication on what's coming NEXT for society, the environment, businesses and the communities in which they operate.If you are passionate about understanding the forces shaping our world and exploring how we can collectively build a better future, listen to Episode 1 on Bush Heritage and subscribe to KWM podcasts where new episodes will drop fortnightly.

Hosts: Rod Smythe, Josh Thorneycroft, Jonathan GrantDuration: 25:32Summary: In the first episode of KWM's Power Perspectives podcast, KWM Energy Partners Rod Smythe and Josh Thorneycroft, and with M&A Partner Jonathan Grant dissect the state of Australian energy market in 2025. They explore the significant shift from traditional thermal generation to renewable energy sources and the investment opportunities that arise from this transition. Key Topics Discussed:·      Current trends in the Australian energy market·      The impact of increasing electricity demand driven by digitisation and AI·      Investment opportunities in renewables, battery storage, and gas·      The role for institutional and private investors·      Challenges posed by regulatory changes and economic factors·      The rise of smaller batteries and their implications for energy storage·      Predictions for the next phase of the energy transition in Australia Tune in to learn how Australia is navigating its energy transition and what it means for markets and investors.

In this second episode of KWM's FS Reg Room Podcast, host Nathan Hodge is joined by KWM Technology law Partners Cheng Lim and Bryony Evans to explore the dynamic world of generative AI and its potential to revolutionise the financial services industry. The discussion covers use cases, adoption trends, and the potential long-term effects of AI technology, including soon-to-be-released research from Sapere and KWM for AFIA on the economic and associated benefits of Gen AI implementation in the finance industry. The experts explore the misconceptions surrounding AI, the barriers to its implementation, the regulatory landscape that governs its use and important considerations for any reform. Tune in to discover how generative AI is reshaping the industry and the steps organisations can take to harness its potential while managing associated risks. 

What now and what next for employers navigating the rapidly and radically altered Diversity, Equity, and Inclusion landscape?KWM Employment Relations and Safety Partner Annamarie Rooding and Senior Associate Erin Richardson, together with special guest David Glasgow explore the rapidly and radically altered Diversity, Equity, and Inclusion (DEI) landscape in 2025. David Glasgow, Executive Director of New York University Law school's Meltzer Center for Diversity, Inclusion and Belonging, provides a comprehensive overview of the historical context and current challenges facing DEI in the US, including the backlash against DEI programs and the legal battles surrounding recent executive orders. The conversation offers a detailed comparison of the American and Australian laws on the subject, highlighting key differences and the implications for Australian businesses also grappling with increased domestic regulator focus on discrimination, equity and equality activities in their organisations.  with US ties.Together, Annamarie, David & Erin talk through strategies for navigating resistance and backlash, the importance of psychological safety, and the role of allyship in fostering inclusive workplaces. The discussion also provides listeners practical steps organisations can take to ensure compliance with Australian regulations, and to create more inclusive better and more productive workplaces.Links: Death of DEI Part one | Part two

In the first edition of KWM's new "It's Public" podcast, M&A partners Will Heath, Antonella Pacitti, Heath Lewis, and Paul Schroder discuss why 2025 is shaping up as a promising year for resources M&A. Their discussion covers the energy transition and uncertainty themes driving consolidation, the regulatory and dealmaking environment, geopolitical and trade uncertainty, and the financing and investment trends all fuelling resources dealmaking.Key Topics Covered:Energy Transition and Uncertainty: The long-term energy transition and shorter-term uncertainty are driving consolidation in the resources sector, particularly in markets like Australia with abundant transition resources.Current Landscape and Consolidation Trends: Discussion on mega deals, opportunism sparked by distressed assets, and the regulatory and dealmaking environment.Gold and Lithium: Insights into the consolidation theme in gold and lithium M&A, including the all-scrip takeover of Latin resources by Pilbara minerals.Coal and Other Deals: The demand for coal, private capital filling funding gaps, and the competitive Anglo coal sale process.Geopolitical and Trade Uncertainty: The impact of geopolitical uncertainty on resources deals and the importance of critical mineral supply.Regulatory Environment: The need for efficient and fair processes around foreign investment, anti-trust, and other regulatory approvals.Cross-Border Deals and Capital: The role of private equity, sovereign wealth funds, and the influx of Canadian companies raising capital on the ASX.Transcript Excerpt:Will Heath: "We believe it's going to be a big year for resources M&A, with a couple of big themes dominating the mining M&A landscape. The first and long arc is the energy transition, and the second and shorter arc is uncertainty. Both drivers favour markets like Australia, with abundant transition resources like copper and other crucial critical minerals, as well as in the uncertainty scope hedge commodities like gold."Hosts and Guests:Will Heath: M&A PartnerAntonella Pacitti: M&A PartnerHeath Lewis: M&A PartnerPaul Schroder: M&A Partner

In this inaugural episode of KWM's FS Reg Room Podcast, host Nathan Hodge is joined by Partner Tim Bednall and Special Counsel Emma Newnham to explore the implications of Australia's new mandatory climate reporting regime. The discussion highlights the extensive coverage of the regime, which may affect most entities operating in the financial services sector, and the critical responsibilities placed on directors regarding compliance and sustainability disclosures. Key concerns include the challenges of transitioning to mandatory reporting, the potential for increased regulatory scrutiny, and the importance of balancing ambition with transparency to avoid greenwashing. Listen in to understand how these developments align with broader business priorities and what they mean for the financial services sector.For more on the AGM trends discussed in this episode, you can find our report here: Deep dive into ASX200 AGMs in 2024 - KWM

KWM competition law partners Caroline Coops and Simon Cooke join M&A partner and co-author of KWM's Directions report Rhys Casey, to discuss the consequences of the sweeping overhaul to Australia's merger clearance regime.The team talk through the changes legislated as parliament wrapped for 2024, including mandatory notification for deals exceeding $200 million in combined Australian turnover or $250 million in global value.Caroline, Simon and Rhys unpack the implications for dealmakers navigating the new regime and transitional phase - talking tactics and timing considerations for overcoming the uncertainty ahead. Concerns include the increased ACCC workload, the need for timely waivers and the potential for additional red tape making it harder for businesses to do deals aimed at improving their competitiveness and productivity - all key business priorities identified in the Directions report.Bonus: Listen to the end for a fascinating prediction on what deeper deal data insights may mean for future policy-making!For more on the merger clearance reforms, check out KWM's analysis here.

2024 has been a big year in Employment law. High profile investigations, the right to disconnect, big cases on same job same pay laws, multi-enterprise bargaining, labour hire, psychosocial risk, peeling back the onion on implications of Respect @ Work, and of course AI's impact on employment law.This podcast is a recording of a live conversation between KWM ERS partners Cilla Robinson, Sarah Clarke, Angela Weber and Andrew Gray from KWM's recent end-of-year event. In it, the group discusses how the big issues – and cases – have played out in 2024. And what about 2025? As a federal election looms, the partners share some predictions on lies ahead for businesses and workers.

In KWM's 2nd podcast episode of The Review Class Actions in Australia 2023/2024 Eleanor Atkins, Sam Kinsey and Chloe Moore come together to discuss the intersection of restructuring law and class actions - sharing valuable insights on how restructuring processes can be used to manage mass tort liability. If you haven't yet read our annual report, ‘The Review: Class Actions in Australia 2023/2024, you can dive into the details here.

Why does Australia's cybersecurity coordinator think organisations should empower more people to play a role in defending against cyber threats? And what should they do?  Lieutenant General Michelle McGuiness CSC joined KWM's Cheng Lim in conversation at our Digital Future Summit earlier this year, providing a fascinating insight into how she sees her role:"My job is to be there to support an entity on their worst day and ensure we can minimise the greatest amount of harm across the greatest number of people."Key takeaways include: How doing the ‘simple things', like implementing multi-factor authentication, updating software and using unique passwords across different systems, will greatly reduce Australia's vulnerability to sophisticated cyber threats.  Why cyber security is ‘everyone's business' - not just an issue for IT or CISOs.The critical importance of understanding your IT networks and where data is stored in preparing for cyber incidentsThe importance of communication:  'You can do the best incident response, but if you fail to communicate well, then it probably doesn't matter in terms of your reputation'

Why is Australia's corporate regulator cautious on new AI-specific regulation? And, in an age of increasing regulatory influence, what can Chair Joe Longo's approach reveal about his thinking as a regulatory leader? In this conversation with KWM's Cheng Lim at our Digital Future Summit earlier this year, Joe Longo implored businesses to innovate with AI, without losing sight of their accountability for its use. Business leaders are urged to understand the tech they employ and the regulatory environment that it operates in.While conscious of AI's potential to create harm, Mr Longo also advocates a careful approach to its regulation - Australia should not rush into introducing new prescriptive rules he says, explaining existing tech-neutral legislation he believes is already applicable.

How does preventing digital harm evolve from ‘whack-a-mole' action to proactively embedding safety? E-Safety commissioner Julie Inman-Grant explains her thinking to KWM's Peta Stevenson in this conversation recorded at KWM's Digital Future Summit earlier this year.

How do Australia's privacy regulators see their roles in amid heightened community awareness and expectations regarding individual privacy rights, driven by technological advancements and increased data-driven business models?Check out this throwback to Former Information Commissioner Angelene Falk and Privacy Commissioner Carly Kind in conversation with KWM's Michael Swinson earlier this year - explaining why the OAIC is wary of a 'perfect storm' of risks emerging from data breaches, supply chain vulnerabilities and the rush to harness AI. 

Join Tokyo-based partner Yoshiki Tsurumaki and Perth-based senior associate Richard Shi as they talk about the energy transition in Japan in our latest KWM Podcast.What unique challenges does Japan faces in renewable energy due to its geography and infrastructure?How have Japan's energy policies evolved since the 2011 Fukushima nuclear accident?What are the growth opportunities in renewable energy and hydrogen technology?What does Japan's regulatory environment look like - and what are the incentives for clean energy investments?How is the carbon credit market influencing corporate behaviour?

In this the first of 5 conversations with regulators from our 2024 Digital Future Summit, ACCC Chair Gina Cass-Gottlieb tells KWM's Luke Woodward that consumer trust is the lifeblood of competitive markets for the ACCC.  She explains why the ACCC is prioritising consumer trust and fair competition amidst the rise of digital platforms, with a keen eye on long-term market trends.Top takeaways:The ACCC supports the government's review of whether Australian Consumer Law adequately covers new technologies like generative AI. Generative AI could lead to misleading and discriminatory behaviour, which the ACCC must address. The ACCC has built expertise in the digital sector since 2017. This allows it to track key players and trends, focusing on long-term issues rather than short-term distractions.Agility is critical. Businesses quickly adapt their models, and the ACCC must identify potential competition or consumer issues in these changes.Innovation from established digital platforms is welcome – but the ACCC is watching to guard against dominant players limiting rivals' innovation or favouring themselves.The ACCC works with domestic regulators and international competition bodies to share information and monitor developments, like the EU's Digital Services Act and Digital Markets Act.

In this M&A in the City Podcast from KWM, Will Heath is joined by Nicola Charlston, fresh from chairing an M&A committee meeting of the International Bar Association in Tokyo.Together they discuss:- What has (finally) lifted the Nikkei back to its pre 1989 crash level- The drivers behind Japanese M&A - The Couche-Tard offer for 7-11- Japanese bidders going outbound- Domestic and regional politics' impact on dealmaking- The market outlook amongst M&A professionalsPLUS Tokyo must do's (and a must drink)!Look out for a further in-depth look at Japanese M&A in the coming edition of M&A in the City, out soon.

In this King & Wood Mallesons Podcast, Jerome Tse and Meredith Paynter are joined by Wentworth MP Allegra Spender to discuss tax reform's role in driving productivity growth in Australia. Ms Spender shares insights from her recent Press Club address, making the case for reform to enable productivity improvement as essential to improving living standards and driving economic growth.Meredith summarises some key findings from King & Wood Mallesons annual Directions survey, including:business leaders are focussed on improving profitability and productivity in a charged political environmenttax reform is viewed as a key opportunity to enhance productivityrespondents expressed strong support for abolishing inefficient taxes like stamp duty and payroll taxbetter dialogue between businesses and Government are seen as critical to improving the quality of policy-making processes and outcomesExploring these findings, the conversation considers how cost of living issues and wedge-politics have contributed to the current dynamic, as well as what can be done to overcome the challenges.Ms Spender emphasizes the importance of engaging with the community and businesses and discusses her plans for a green paper on tax reform, aimed at fostering broader discussions and collaboration among all stakeholders.LINKS:KWM Directions report 2024Allegra Spender's National Press Club Address: - Speech- SlidesFederal MP Allegra Spender on her career from McKinsey to politics (AFR's 15mins with the Boss podcast)

We know a range of zero-emission energy sources and technologies will be critical to reliably and sustainably meet demand through the energy transition. Offshore wind offers efficient and unobtrusive renewable energy, meaning it has the potential to play a significant role in Australia's future energy mix.This podcast explores that possibility as well as the challenges: The technical, logistical, environmental and social issues offshore wind projects must overcome.KWM projects partner Rod Smythe is joined by Katie Choi, Asia-Pacific head of legal at Corio generation, a leading global offshore wind developer headquartered in London, as well as Marcus Dixson from Green Giraffe advisory, a dedicated, independent financial advisory firm with an impressive record of guiding clients through the energy transition and in offshore wind's foundation markets in Europe. 

In this KWM podcast, Partner Eleanor Atkins hosts a conversation with co-authors Peta Stevenson and Alexander Morris to unpack what's new, what's remained the same, and what's on the horizon for Class Actions in Australia.Visit our website to dive right into all the detail in the full report. 

KWM Public M&A Partner Nicola Charlston and private capital / M&A Partner Anthony Boogert recently returned from International Bar Association's annual M&A conference in New York. Together they provide a short and sharp wrap up of the hot topics in discussion in NY:Global M&A trends The outlook for public and private equity markets and IPOsThe US electionKey sectors like tech and healthcare, Geopolitics and regulatory risk like competition policy The 'three D's' driving dealmaking

What does it take to negotiate a new-benchmark reverse break fee? How will it impact future deals? And what does the renewed Japanese interest in Australian markets mean for M&A? David Friedlander, Daniel Natale and Antonella Pacitti dive into  Australia's biggest Australian Public M&A deal for 2024 so far. 

We hear from Competition Partners Simon Cooke and Christopher Kok, as they chat to M&A Partner Antonella Pacitti on what the ACCC's proposed merger reforms are, what Treasury has tabled in response to this, and the implication on deal strategy and deal flow. Read more in M&A in the City.

The Closing Loopholes Bill has recently been introduced to parliament by the government which will make profound changes to the industrial relations and employment law landscape. Team members from KWM's national Employee Relations and Safety practice Andrew Gray, Ruth Rosedale, Brett Feltham and Philip Willox sit down to unpack the changes across 4 episodes.In episode 1, Partner Andrew Gray unpacks what the new laws are currently saying, the pain points and what employers need to do when dealing with these new provisions.Learn more about the incoming Industrial Relations changes on our website here.

A few months on from releasing our 2023 Directions Report, Partners Meredith Paynter and Rhys Casey sit down to reflect on what Australian directors and senior business leaders were experiencing at the time of our 2023 Directions survey and if those sentiments have changed?You can access the report here. 

Senior Associate Eleanor Atkins hosts a conversation with Partners Peta Stevenson and Liam Burgess to discuss what's new, what's remained the same, and what's on the horizon for Class Actions across Australia as we move into the new year.  Visit our website for the full report.

Partners Nicola Charlston and Anthony Boogert are fresh back from the International Bar Association's M&A Conference in New York. Together they discuss the mood on M&A's mercurial start to 2023. Why have things been slow, where are the bright spots, and most importantly, what will catalyse a comeback?To access a transcript and takeaways from their conversation, as well as links to the other articles discussed, head to: https://www.kwm.com/au/en/insights/latest-thinking/publication/m-and-a-in-the-city-2023-june.html

KWM partners Antonella Pacitti and Will Heath worked together on one of the biggest cross border deals announced so far this year - Newmont's $26b takeover of fellow minder Newcrest. At the same time, Antonella was also working to bring Allkem and Livent together in a $15b merger of equals, creating a vertically-integrated lithium producer to help power the energy transition. Together, Will & Antonella take you inside these deals and break down what they mean for M&A in remainder of 2023 and beyond.To access a transcript of their conversation and takeaways, as well as links to the articles discussed head to:  https://www.kwm.com/au/en/insights/latest-thinking/publication/m-and-a-in-the-city-2023-june.html

King & Wood Mallesons' third annual Climate Disclosure report has analysed the ASX50's public statements on climate risk and governance, finding a new,  more rigorous and consequential age has begun for companies' climate and sustainability considerations.  A mandatory climate disclosure regime looms, and recent infringement notices, investigations and proceedings by regulators show regulators are now clearly focussed on greenwashing enforcement. Report lead author  Senior Associate Emma Newnham is joined by Partners Jack Hill from the corporate M&A advisory practice, and climate litigation specialist Edwina Kwan. Together, they unpack the implications for organisations, including what comes next, with a special look over the horizon at nature based and social focussed reporting.You can read the full report here 

KWM Technology and Finance Partners Annabel Griffin, Kate Creighton-Selvay and Urszula McCormack come together to talk about the law as it applies to the space industry. This podcast will bring you a bit more on what we find so fascinating and why we think its going to be a big thing commercially.Read our latest thinking on this subject: Lifting our gaze - an update on the Australian space industry and satellite cyber-security Sign up for our webinar here: https://pages.kwm.com/RegistrationFinancingTheSpaceIndustryWebinar 

Fresh Full Federal Court guidance in ZG Operations v Jamsek  provides some important insights into the vexed question of #employee vs #contractor for superannuation purposes. KWM Tax, Superannuation and Employment Partners Jerome Tse, Sarah Yu and Ruth Rosedale explain and break down the implications for employers, employees and contractors alike.They also consider the likely impact of further imminent change, discussing the recent introduced into Parliament to amend the Fair Work Act to include the obligation to pay superannuation contributions within the National Employment Standards as a workplace entitlement. Read KWM's full analysis online here: https://www.kwm.com/au/en/insights/latest-thinking/superannuation-and-independent-contractors.html

Tech law Partner Jess Kruger and Special Counsel Daryl Cox have just come back from Singapore's TowersXchange. They're excited to share their insights from the event, and explain why – in the mobile data age – we should all be thinking about cellular networks as vital infrastructure to enable our connected way of life today and tomorrow.Jess and Daryl unpick all of the implications and opportunities this presents – business models, sustainability and much more! RUNS: 12min

KWM employment law partners Angela Weber and Ruth Rosedale unpack a big few weeks in the employment law space,  with both the Respect@Work and Secure Jobs, Better Pay reforms becoming law.  At the same time, the Australian Human Rights Commission has also released its findings from the 5th National Survey on Workplace Sexual Harassment.   Ruth & Angela explain the changes, and the opportunity they present - for employers to build safe workplaces and a healthy organisational culture  in 2023

In this panel discussion, we hear from leading experts, boards and business leaders on what this new heightened risk environment means for organisations and boards. What governance frameworks should they be establishing or reviewing to ensure that their organisations are best placed to mitigate the risk of a successful cyber-attack, or to respond and recover from one should it occur?Speakers:Rachael Falk, CEO, Cyber Security Cooperative Research CentreAndy Penn, Chair, Cyber Security Industry Advisory Committee and former CEO, TelstraCatherine Brenner, Chair, Australian Payments Plus and NED, Scentre, Emmi, The George Institute for Global HealthMike Hawker AM, Deputy Chair, BUPA and NED, Westpac, Washington H. Soul Pattinson, MCA Cheng Lim, Partner, King & Wood Mallesons

As awareness and expectation around workplace sexual harassment prevention grows, how are organisations responding?In our 5th episode of Let's Talk Respect@Work, Ruth Rosedale and Angela Weber unpack recent developments and increasing focus on workplace sexual harassment in both the public and private sector. 

Non-Disclosure Agreements have been criticised for contributing to a culture of silence around sexual harassment claims. But the issue is nuanced and complex. In our 4th episode of Let's Talk Respect@Work, Ruth Rosedale and Angela Weber discuss why NDAs have received so much attention and what changes might be coming. 

 Is your organisation approaching workplace sexual harassment as the critical safety issue it is now recognised to be? In this episode of Let's Talk Respect@Work, Angela Weber and Ruth Rosedale discuss the fundamental safety principles for addressing sexual harassment.  

 | What role do boards and executive teams need to play in addressing workplace sexual harassment? In our 2nd episode of Let's Talk Respect@Work, Angela Weber and Ruth Rosedale discuss the governance imperative to face into workplace sexual harassment.

What does a modern, respectful workplace look like?In the first episode of our new series Let's Talk Respect@Work, Ruth Rosedale and Angela Weber discuss how high profile inquiries and successful campaigns for change have fundamentally reshaped employers' obligations to their workers - and what that means for everyone involved. 

Partners Peta Stevenson and Alexander Morris and Special Counsel Kione Johnson discuss the key findings and trends from The Review: Class Actions in Australia 2021/2022.Visit our website for the full report.

Telstra's Stuart Powell and KWM Tech partner Bryony Evans discuss the human side of the data age. They cover:-> How  Telstra has shifted culture and practice to overcome siloed thinking around AI and data use and management.-> The key considerations for critical major decisions like the acquisition and implementation of AI for business purposes: a decision-making framework and adopting a risk-based approach to ensure key projects get the attention they deserve. -> The big challenge for decision makers: How do you test algorithms for fairness? Negotiating with vendors to get 'inside the black box' of proprietary AI.-> The simple ethical question to rule them all: 'Does it pass the creepy test?' - What it can help uncover.

Picture this… Your business has just suffered a major safety incident. Details are still emerging. Rumours are swirling, media are bombarding you with questions. Your reputation is on the line and to top it off, its New Years Eve.As a matter of fact, a client of KWM Partner Andrew Gray faced this situation. Andy called in ResPublica PR's Gabriel McDowell. In this article, KWM Corporate Affairs Manager (and former journalist) James Bennett asks them both to navigate a hypothetical scenario, to explain a few of the key principles to communicating in crisis.Listen now to the conversation between Andy, Gabriel and James.