Smarter Lawcast with Hall & Wilcox

Mark Dunphy and Ed Paton discuss key issues for South East Asia investors to consider when investing in Australia, including how to navigate Foreign Investment Review Board (FIRB) approvals and the effect on foreign investment that new merger clearance laws from 1 January 2026 will have.

Ilona Strong⁠ and Tim Ainsworth discuss how NSW law applies to psychological injuries in the workplace. They outline two hypothetical scenarios, exploring what needs to be satisfied for a claim to be compensable and what defences are available under NSW law. 

Historical ties bind Australia and the UK – but the legal systems have evolved to be very different, particularly in financial regulation and industrial relations.  Chris Brown and guest Nigel Clark discuss the UK and Australian markets. There are plenty of opportunities for UK companies looking to invest, while challenges include making incorrect assumptions about the Australian legal landscape and navigating Australia's foreign investment approvals process.

Mark Dunphy⁠, Jacqui Barrett and Ben Hamilton discuss key issues US investors need to navigate when investing in Australia. They explore the sectors currently attracting US investors, the growing influence of the Foreign Investment Review Board (FIRB) on cross-border deals and the impact of Australia's new merger clearance regime – including the serious risk of a deal being declared void if investors don't comply.

Alison Choy Flannigan and Nathan Luker, co-founder of Your Call, unpack the new whistleblowing obligations for aged care providers under the new Aged Care Act, commencing 1 November 2025. They discuss internal vs external reporting pathways, confidentiality requirements and what providers must do now to comply – from updating policies to building a culture that supports safe disclosures.

Jacqueline McGrath and Sara Shahin discuss the evolving role of the Tax Practitioners Board (TPB) – from changes to the Tax Agent Services Act to new code obligations and what triggers a TPB review. They break down breach reporting requirements, extended investigation timeframes and what tax practitioners should be doing now to stay ahead.

Partner and Head of Cyber Eden Winokur⁠⁠⁠ and barrister Tamir Maltz explore the use of cyber injunctions in Australia in response to data breaches. The discussion includes how they work, when to seek them and the value they offer victims of data breaches. They also discuss non-publication orders, class action risk and how Australia compares with the UK in the use of cyber injunctions. 

In raising default assessments, the Commissioner of Taxation may utilise the ‘asset betterment' methodology to deem an amount to which tax will be payable. Jacqueline McGrath and Lloyd Miller explain the methodology and outline what sort of mistakes taxpayers commonly make in challenging these assessments.

Nathan Kennedy, Alison Choy Flannigan and guest Alex Green from Loom Consulting explore the drivers behind not-for-profit mergers – from regulatory pressures to funding and leadership change – and share practical guidance on how boards can navigate mergers with clarity, care and purpose.

Frank Hinoporos⁠ and Bradley White uncover the hidden traps in state taxes – covering land tax, payroll tax and stamp duty quirks that continue to catch businesses off guard across different jurisdictions.

Todd Bromwich and Frank Hinoporos discuss why strong corporate tax governance matters – and how in-house legal and boards can build a framework that protects against financial, legal and reputational risk. 

⁠Alison Choy Flannigan⁠ is joined by Alison Daly-Thomson, Michael Tangonan and Maxine Evers to discuss how inclusive recruitment can support greater cultural diversity in the legal profession. They explore barriers facing graduate lawyers and students and share practical ways firms and universities can foster belonging and representation.

Ilona Strong and Angela Brookes discuss when an injury may be considered to have occurred in the course of employment. They outline two real-world scenarios and explore how workplace boundaries, conduct and employer instructions shape claim outcomes.

⁠⁠Juliet O'Brien⁠⁠ and Lizzy Goldfinch explore how women can define their purpose and bring all aspects of wealth planning together. They discuss legacy, values and the importance of aligning financial, legal and personal decisions to support what matters most.

Stephanie Driscoll and Ben Clarke join ⁠Ilona Strong⁠ to discuss how WA and SA determine whether an injury may be considered work-related. They outline two real-world scenarios and explore how workplace boundaries, conduct and employer instructions shape claim outcomes. 

⁠Juliet O'Brien⁠ and Chloe Rattray explore how women can use legal tools like binding financial agreements to protect their assets and financial voice. They discuss why asset protection matters, how to navigate conversations about financial agreements and the power of planning ahead – before, during or after a relationship.  

Rebecca Huleatt and Kate Frost join Ilona Strong to discuss how no-fault schemes in the Australian Capital Territory and Northern Territory influence workplace injury claims. They outline two real-world scenarios and explore how workplace boundaries, conduct and employer instructions shape claim outcomes. 

Juliet O'Brien and Laura Peressini discuss how financial planning can help women build confidence and take control of their future. They explore superannuation, wealth strategies and the importance of knowing your financial position.

Ilona Strong and Andrew Stamp examine how Victorian self-insurers should assess whether a workplace injury occurred in the course of employment. They walk through two real-world scenarios and discuss how factors such as workplace boundaries, worker conduct and employer instructions can influence claim outcomes.

Juliet O'Brien and Emma Woolley discuss why estate planning is essential for women at every stage of life. They explore wills, powers of attorney and trusts and explain how major life changes – like divorce or loss – should trigger a review of your legal affairs.

Ilona Strong and Olivia Raiman discuss how NSW law applies to injuries at or around the workplace. They outline two real-world scenarios and explore how workplace boundaries, conduct and employer instructions shape claim outcomes.

⁠Eden Winokur⁠⁠ and ⁠James Finlay⁠, from Coveware, a ransomware incident response company, discuss one of the biggest cybersecurity questions: should you pay a ransomware demand? They outline the scenarios where organisations may consider a payment, why cyber criminals are not to be trusted, the regulators' view, including where it is a criminal offence to pay a ransom demand, and Australia's mandatory ransom payment reporting regime, the first of its kind in the world.

Alison Choy Flannigan, Oliver Jankowsky and Ranny Fan discuss why understanding diversity and inclusion in business, from language to customs, can help when servicing clients.

⁠Eden Winokur⁠ and James Finlay from Coveware, a ransomware incident response company, discuss ransomware and threat actors, what to do if attacked, what vulnerabilities threat actors exploit, ransomware trends and what happens when a company is impacted by ransomware.

Eden Winokur is joined by Joe Smith, Assistant Secretary from the National Office of Cyber Security (the NOCS) to discuss the role of the NOCS in coordinating national responses to cyber incidents. They explore lessons from major cyber breaches, support for private sector organisations and why data mapping and tabletop exercises are essential to building cyber resilience.

The "bamboo ceiling" is a metaphor used to describe the barriers that prevent Asian Australians from reaching senior leadership positions, even when they are highly qualified and experienced.William Lye OAM Kings Counsel is one of Australia's pre-eminent barristers. He joins Alison Choy Flannigan for a fireside chat about his personal journey in breaking beyond the bamboo ceiling.

From the dichotomy of feeling invisible but hyper visible at the same time, code switching and answering questions such as ‘where do you come from' and ‘how do you say your name?': Sumith Perera and Seun Idowu, members of our Cultural Inclusion Committee, discuss why cultural inclusion is important to them, share their personal experiences, and outline why diverse representation in the legal industry and business is so important.

What can be done if a trust deed is lost? William Moore and McLane Edinger discuss practical steps to take, including speaking to any professional who may have had dealings with that trust, applying to a court for an order or declaration, or seeking a deed of confirmation.

What rights to information do beneficiaries of a trust have? As many trusts pass to the next generation, some beneficiaries want information from the trustee, such as what assets it holds what the terms of the trust deed are. William Moore and McLane Edinger discuss the approach courts take and issues trustees should consider if they receive an information request.

William Moore and David Dickens discuss the themes they are seeing in trust disputes, including trustee decisions being challenged by beneficiaries, and how trustees should approach the exercise of their powers including making distributions.

Trusts are a significant part of estate planning, but there are risks if the trust deed is not prepared or administered properly. William Moore and McLane Edinger discuss variation powers for trusts, including the breadth of variation powers, problems to look out for, what to do if there is no variation power, and how to avoid triggering capital gains tax issues.

Bridget Wall, Mitch Stein and guest Helen Townley, the National Directory of Policy and Accreditation at the Australian Health Practitioner Regulation Agency (AHPRA), discuss changes to AHPRA's social media guidance to clarify the types of notifications that are more likely to trigger an investigation, for example publishing false or misleading information or breaching confidentiality. They also discuss AHPRA's changes to advertising guidelines, particularly in relation to cosmetic surgery and cosmetic services.

Scott Butler, Alison Choy Flannigan and Ed Paton discuss the regulatory changes, financial challenges and M&A consolidation being experienced by the aged care sector. They outline specific regulatory issues affecting M&A in the aged care sector, why directors need to be aware of the safe harbour provisions, and differences between distressed and non-distressed transactions.

Partners Nicole Tumiati and Jacqui Barrett discuss how the challenging economic environment is impacting on the retail industry. Cost of living and high interest rates mean consumers are cutting back on discretionary spend, while retailers are trying to manage high operational costs, such as supplier contracts, leases, insurance, cyber risk, supply chain issues and retail crime. Nicole and Jacqui outline how retailers can manage these impacts by being innovative and resourceful, such as re-examining contracts with suppliers, pivoting into online offerings, managing stock levels better, streamlining the business if there are multiple streams, or buying complementary businesses to secure supply chains.

Bridget Wall, Mitch Stein and guest Luke Kelly, a pharmacist and Pharmaceutical Society of Australia NSW Branch President, discuss major reforms to Australia's regulation of vaping products, which has changed the way vapes can be imported, manufactured, supplied and advertised in Australia, and the impact this has had on pharmacists, as all vapes and vaping products, regardless of whether they contain nicotine or not, now only able to sold in a pharmacy for the purpose of helping people quit smoking or manage nicotine dependence.

Partners Mark Petrucco and Stefan Fenk discuss the stresses the building construction industry has experienced over the past 12-18 months, and impacts on head contractors, subcontractors, project owners and developers. With cost pressures increasing insolvency risks, they discuss voluntary administration, ipso facto provisions, how to mitigate risks of engaging parties that may become insolvent down the track, and what pockets of the market have been more robust against insolvency risks.

Bridget Wall, Mitch Stein and Alison Choy Flannigan discuss Australia's booming medicinal cannabis market. What activity are we seeing from regulators including the Therapeutic Goods Administration and AHPRA? What is best practice for medical and pharmacy practitioners when prescribing and dispensing, and does telehealth pose any risks? They also outline tips for practitioners on how to best prepare their practices to appropriately and legally dispense medicinal cannabis.

Mitch Stein and Bridget Wall discuss recent prosecutions against health practitioners across various state tribunals and what areas regulators, such as the HCCC, OHO and AHPRA (Australian Health Practitioner Regulation Agency), are focusing on. The most common complaints are around clinical care, inadequate or inappropriate procedures, and communication. Mitch and Bridget discuss what practitioners should have top of mind if they are subject to a disciplinary investigation and why good contemporaneous note-taking is vital.

John Hutchinson is joined by Sevan Gore and Rebecca Gilbert to explore the ins and outs of reverse takeovers and backdoor listings. They clarify what these terms mean, examine a recent example and weigh the pros and cons of this path to listing. A must-listen for those interested in unique capital market strategies.

Emma Bechaz and guest Garry Andrews, executive director of construction consultancy company Anvelo, unpack some common misconceptions about the role of superintendents in construction projects, the dual nature of their role, common problems that can arise, and how to minimise the risk of encountering disputes.

John Hutchinson is joined by James Morvell and Caitlin Byrne to break down capital raising issue pricing restrictions for listed and unlisted funds. They dive into essential terms like net asset value (NAV), net tangible assets (NTA) and issue pricing for new units and explain applicable restrictions under the Corporations Law and the ASX Listing Rules, including the key differences between listed and unlisted funds. Whether you're new to fund management or looking for a refresher, this episode is packed with valuable insights.

Langton Clarke and Taylor Green discuss independent reviews of AML/CTF programs: what are they and why are they important? They outline a three-tiered approach to take account of risks and cost inefficiencies.

John Hutchinson is joined by Eden Winokur and Michelle Eastwell to discuss the critical issue of continuous disclosure in the face of cyber incidents. With several high-profile cyber-attacks impacting ASX-listed companies, they unpack the updated Guidance Note 8, the challenges of disclosure and the requirements for listed entities during a cyber breach. They also explore the Australian Cyber Security Bill, focusing on ransom payment notifications. This episode offers essential insights for directors and executives navigating cyber security risks. Want to know more about the Australian Cyber Security Bill? Read our analysis.

Langton Clarke and Andrew Ong discuss how to deal with high-risk customers, especially politically exposed persons (PEPs), whether or not a business should choose to onboard a high-risk customer and why an AML/CTF program should be specifically tailored to a business and its risk appetite.

Join John Hutchinson, Deborah Chew and Chris Wright as they dive into the complexities of the critical decisions listed companies face around capital raising when the company needs to obtain shareholder approval to issue equity securities. They explore when shareholder approval is necessary, key approaches to raising capital and the legal considerations under the related party benefits and takeover provisions of the Corporations Act and the separate ASX requirements for issues of equity securities to related parties and substantial shareholders. Tune in for valuable insights into shareholder approvals and understanding the regulatory landscape.

Langton Clarke and Elliott Stumm discuss outsourcing AML/CTF obligations, why a business might choose to outsource, who is legally liable if there is a breach of the obligations, and how to manage risks, quality assurance and record keeping.

Todd Bromwich and Frank Hinoporos discuss current tax issues facing globally mobile clients and their advisors. They offer practical guidance on navigating complex cross-border tax scenarios and avoiding costly mistakes, including for tax residency, managing offshore assets and structures and bringing money into Australia. Want to know more about Section 99B? Watch our on-demand webinar.

Langton Clarke and Taylor Green discuss KYC, or knowing your client, under AML/CTF legislation, and the importance of identifying, verifying and authenticating your client by building a client profile. They outline all you need to know about KYC, including how to deal with trust deeds, why a KYC refresh can help avoid exploitation by bad actors, and why cyber security and privacy issues need to be top of mind.

Anthony Bradica and Todd Bromwich delve into the intricacies of setting up payroll arrangements correctly. They discuss how to avoid common pitfalls, the costs and processes involved in rectifying wage and superannuation underpayments and provide guidance on navigating these issues. Learn about your obligations and discover proactive steps to ensure compliance.

Langton Clarke and Peter Jones discuss the latest reforms and developments in anti-money laundering and counter-terrorism financing (AML/CTF). With a new Bill recently tabled in Parliament, they outline the impact of the proposed reforms, including that 90,000 ‘tranche two' entities are expected to become subject to regulation. Learn more about HW Funds: https://hallandwilcox.com.au/expertise/sectors/investment-funds/

Frank Hinoporos and Jacqueline McGrath discuss the new Administrative Review Tribunal, which replaces the Commonwealth Administrative Appeals Tribunal from 14 October 2024, and highlight the key changes practitioners need to be aware of.