Smarter Lawcast with Hall & Wilcox

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Welcome to Smarter Lawcast, the official podcast of Hall & Wilcox, a leading independent Australian law firm. We pride ourselves on our Smarter Law approach, where we work with our clients to creatively solve their legal and business challenges. Tune in to be educated and entertained by our experts’ take on topical legal issues.

Hall and Wilcox


    • May 13, 2025 LATEST EPISODE
    • monthly NEW EPISODES
    • 22m AVG DURATION
    • 142 EPISODES


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    Latest episodes from Smarter Lawcast with Hall & Wilcox

    Cultural Inclusion Conversations: Why are cultural inclusion conversations important?

    Play Episode Listen Later May 13, 2025 26:40


    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.

    conversations cultural inclusion
    Trusts Matters – Trusts: lost trust deeds

    Play Episode Listen Later Apr 7, 2025 16:08


    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.

    Trusts Matters – Trusts: beneficiaries and rights to information

    Play Episode Listen Later Mar 31, 2025 19:01


    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.

    Trusts Matters: Trust disputes and trustee discretion

    Play Episode Listen Later Mar 24, 2025 21:59


    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 Matters – Trust variations: how to avoid being caught out

    Play Episode Listen Later Mar 17, 2025 22:58


    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.

    Spotlight on Health Regulation – Social media and advertising guidelines: guidance for health practitioners

    Play Episode Listen Later Dec 3, 2024 20:30


    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.

    Risk Ready: Business Restructuring – Key issues impacting the aged care sector

    Play Episode Listen Later Dec 2, 2024 34:58


    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.

    Risk Ready: Business Restructuring – Key issues impacting the retail industry

    Play Episode Listen Later Nov 26, 2024 18:36


    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.

    Spotlight on Health Regulation – Vapes and vaping: regulation in Australia

    Play Episode Listen Later Nov 25, 2024 27:41


    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.

    Risk Ready: Business Restructuring – Key issues impacting building and construction sector

    Play Episode Listen Later Nov 19, 2024 23:15


    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.

    Spotlight on Health Regulation: Medicinal cannabis – Australia's regulatory environment

    Play Episode Listen Later Nov 18, 2024 26:44


    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.

    Spotlight on Health Regulation: Recent prosecutions and regulator focus

    Play Episode Listen Later Nov 12, 2024 33:22


    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.

    The ECM Exchange: Understanding reverse takeovers

    Play Episode Listen Later Nov 11, 2024 14:34


    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.

    Spotlight on Construction Law: The superintendent's role in construction projects

    Play Episode Listen Later Nov 6, 2024 15:53


    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.

    The ECM Exchange: Capital raising and issue pricing restrictions for listed and unlisted funds

    Play Episode Listen Later Nov 4, 2024 17:22


    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.

    Navigating AML/CTF: Independent reviews of AML/CTF programs

    Play Episode Listen Later Oct 29, 2024 14:02


    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.

    The ECM Exchange – Cyberattacks and continuous disclosure: what ASX-listed entities need to know

    Play Episode Listen Later Oct 28, 2024 26:58


    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.

    Navigating AML/CTF: Risks and common failures of AML/CTF programs

    Play Episode Listen Later Oct 22, 2024 17:10


    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.

    The ECM Exchange: Navigating shareholder approvals and capital raising essentials

    Play Episode Listen Later Oct 21, 2024 20:18


    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.

    Navigating AML/CTF: Outsourcing obligations under AML/CTF rules

    Play Episode Listen Later Oct 15, 2024 17:52


    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.

    Tax Records – Essential tax considerations for clients on the move

    Play Episode Listen Later Oct 14, 2024 31:13


    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.

    Navigating AML/CTF – AML/CTF: Knowing your client

    Play Episode Listen Later Oct 8, 2024 15:50


    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.

    Tax Records – Navigating wage and superannuation underpayments: avoiding costly pitfalls

    Play Episode Listen Later Oct 7, 2024 27:06


    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.

    Navigating AML/CTF – AML/CTF: latest reforms and developments

    Play Episode Listen Later Oct 1, 2024 16:40


    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/

    Tax Records – New Administrative Review Tribunal: what changes will it introduce?

    Play Episode Listen Later Sep 30, 2024 22:15


    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.

    Becoming a Philanthropist: The joy of collective giving

    Play Episode Listen Later Sep 24, 2024 20:47


    Emma Woolley and guest Carly Severino, Director of Community at Australian Communities Foundation, discuss the power and joy of collective giving, why community foundations are a model for giving across the world, the benefits of structured giving and how to democratise structured giving to make it as accessible as possible across Australia. Australian Communities Foundation is a nationally focused community foundation that connects those who can give with the people and organisations leading the way. It aims to make philanthropy easy and accessible for people from all over Australia.

    Becoming a philanthropist – Having a philanthropic impact in life and beyond

    Play Episode Listen Later Sep 17, 2024 31:34


    Emma Woolley and guest Peter Winneke, a generosity and life legacy adviser, discuss how Australia's philanthropic sector has grown over the past 20 years, the importance of philanthropic role models in developing a strong ‘giving culture', why families should discuss ‘how much is enough', ‘how much to leave the kids' and how family foundations can be a great educational tool for the next generation.   Peter Winneke has more than 20 years' experience in strategic, impactful giving. His book, Give While You Live: A practical guide to more & better giving in Australia, explores how much is enough, how much to leave the kids, best practice giving, and how it will enhance your purpose and legacy.  

    Becoming a philanthropist – What is a Private Ancillary Fund (PAF) and should I set one up?

    Play Episode Listen Later Sep 10, 2024 16:19


    Juliet O'Brien and Todd Bromwich discuss charitable trusts and private ancillary funds, their key features and tax benefits, and why clients choose these funds to establish a long-term charitable legacy.

    Becoming a philanthropist – Philanthropic giving: what is it and how do I do it?

    Play Episode Listen Later Sep 3, 2024 17:20


    Juliet O'Brien and Todd Bromwich discuss everything you need to know about philanthropy and philanthropic giving, including whether to give during your lifetime or through your estate plan, the most appropriate and tax-savvy structures, and how to establish a ‘living legacy' that your family may choose to carry on.

    Health and aged care – international perspective: Healthcare: Australia and UK trends

    Play Episode Listen Later Aug 27, 2024 33:12


    Hall & Wilcox partner and co-lead of our healthcare sector group Alison Choy Flannigan chats with Julian Smith and Jill Mason, partners at UK firm Mills & Reeve, about healthcare trends in Australia and the UK, including key issues when entering into the UK market, opportunities for Australian businesses, M&A trends in the healthcare sector, wider NHS and regulatory developments in the UK, and potential growth in the health tech sector.

    Health and aged care – international perspective: Life sciences: Australia and UK trends

    Play Episode Listen Later Aug 20, 2024 32:33


    Hall & Wilcox partner and co-lead of our National healthcare sector group Alison Choy Flannigan chats with James Fry, a partner and head of life sciences at UK firm Mills & Reeve about key trends in life sciences in the UK, Europe and Australia, including the accelerated pace of technology and the associated legal issues it brings, regulatory change in the UK, supply chain issues, ESG issues and developments around AI. 

    Doing Business in Australia: tax and customs compliance

    Play Episode Listen Later Jul 30, 2024 19:39


    Mark Dunphy and Jacqueline McGrath discuss Australia's customs system and outline its particular requirements, including permits, the role of customs brokers, recent customs trends, penalties for false statements and why it's critical to obtain advice about the valuation of goods to be imported.

    Doing business in Australia: spotlight on the US

    Play Episode Listen Later Jul 23, 2024 18:59


    Mark Dunphy and Jacqui Barrett discuss key issues for investors and companies from the United States to understand about the Australian market, including business structures, the need for resident directors, what sectors in Australia that US entities are investing in, and what Australian laws US companies will find different to their home markets.

    Doing business in Australia: international wealth and cross border succession planning

    Play Episode Listen Later Jul 16, 2024 21:39


    Many Australians have a connection to another jurisdiction, whether they are born overseas, have parents or children who were or own assets overseas. International connections create complexity around succession planning and wealth. Mark Dunphy, Emma Woolley and James Whiley discuss why it's essential to make a plan that covers multiple jurisdictions, ensures Wills are valid in each jurisdiction and covers the impact of inheritance tax and capital gains tax where applicable. They also discuss some specifics for US and UK jurisdictions.

    Doing business in Australia: employment and migration trends

    Play Episode Listen Later Jul 9, 2024 27:35


    Oliver Jankowsky, Mark Dunphy and Kristopher Kunasingam discuss the latest employment and migration trends in Australia, including Australia's complex and multi-layered system of employment laws, termination rights, what happens to an employee's visa if their job is terminated, restraints of trade, the changes in Australia's sexual harassment laws, and whether it will be easier or more difficult to obtain a skilled work visa to come to Australia over the next year.

    Doing business in Australia: the Foreign Investment Review Board – key takeaways for foreign investors or advisors

    Play Episode Listen Later Jul 2, 2024 17:46


    Mark Dunphy, Oliver Jankowsky and Ranny Fan discuss Australia's Foreign Investment Review Board (FIRB) regime: what it does, what transactions are subject to FIRB notification, the different criteria applied to private investment and foreign government investors, FIRB thresholds, what conditions FIRB applies to approvals and key tips for foreign investors or advisors looking at investing in Australia.

    Spotlight on Aged Care: Insurance and risk factors facing aged care

    Play Episode Listen Later Jul 1, 2024 27:37


    Alison Choy Flannigan and guest Lyle Steffensen from Lockton discuss the potential risk and insurance implications of the proposed new Aged Care Bill for both individual board members and organisations in the aged care sector. The discussion covers crucial risk and insurance considerations for aged care boards, including the need to understand existing insurance coverage and the scope of cover for both individuals and the organisation. They also discuss who is included in the new definition of ‘responsible persons', and the vital role of good governance in ensuring both business success and organisational viability.

    Spotlight on Aged Care: Employment and tax issues facing the aged care sector

    Play Episode Listen Later Jun 24, 2024 24:10


    Karl Rozenbergs, Clare Kerley and Anthony Bradica discuss employment and tax issues facing the aged care sector, including how to avoid underpayments and the remediation cost of fixing them, enterprise agreements, the positive duty to prevent sexual harassment in the workplace, psychosocial reforms, same job same pay reforms, and the importance of having consistent payroll tax systems across the workforce, especially when acquiring a new business.

    Spotlight on Aged Care: Restructuring in aged care

    Play Episode Listen Later Jun 17, 2024 22:11


    Partners Alison Choy Flannigan and Mark Petrucco, and guest Anthony Connelly from McGrathNicol, discuss how the pace of change, supply chain issues, general inflationary pressures and aged care reforms are causing some approved providers to consider restructuring. They outline legal, commercial and financial issues boards should consider if restructuring, including debt collection, engaging specialised advisors, understanding safe harbour provisions, and clearly communicating with stakeholders, including staff and residents.

    Spotlight on aged care: Aged care reforms – what is proposed and how it will impact providers

    Play Episode Listen Later Jun 10, 2024 21:52


    Partners Karl Rozenbergs and Alison Choy Flannigan, and guest Selina Gerner, a partner at McGrathNicol, outline the Federal Government's proposed new Aged Care Bill, which will see a significant shift in accountability for aged care approved providers and place greater emphasis on proactive risk assessments and management, and discuss how they are helping clients prepare for the changes.

    Spotlight on aged care: Mergers and acquisitions and governance issues in aged care

    Play Episode Listen Later Jun 3, 2024 29:04


    Aged care reform is likely to result in more consolidation in the aged care sector. Partners Karl Rozenbergs and Alison Choy Flannigan and guest Andrew Fressl, from McGrathNicol, discuss the unique operational, business and financial issues in considering a merger or acquisition with another approved aged care provider. It is vital to be prepared and aware of the common challenges vendors and purchasers face.

    Building better boards and leaders – Generative AI: benefits and risks

    Play Episode Listen Later May 27, 2024 26:06


    Suzie Leask, Lisa Ziegert and guest Katie Scott from Microsoft discuss the benefits and risks involved in using generative AI, which can accelerate research and development, personalise customer experience at scale and solve complex problems. But risks include ‘hallucination', bias, improper use and corporate governance issues, such as confidential or sensitive proprietary information being put into AI platforms that can then potentially be shared.

    The ECM Exchange: Key changes to the ASX Corporate Governance Principles and Recommendations – draft 5th edition

    Play Episode Listen Later May 21, 2024 15:34


    John Hutchinson and Chris Wright discuss the draft 5th edition of the ASX Corporate Governance Principles and Recommendations, which represent an evolution rather than a revolution in best practice standards for governance. Proposed changes include an increased emphasis on stakeholder engagement, director remuneration, increased climate and sustainability reporting, diversity disclosure and disclosure for breaches of code of conduct.

    Building better boards and leaders: employee fraud and corruption – part 2

    Play Episode Listen Later May 20, 2024 17:38


    Suzie Leask, Julian Hammond and David Catanese discuss what directors can do to try to prevent employee fraud and corruption from occurring, how to implement a strong workplace culture of integrity and transparency, and provide some tips on how to deal with worst-case scenarios.

    The ECM Exchange: Proposed changes to wholesale client and sophisticated investor tests

    Play Episode Listen Later May 14, 2024 10:50


    John Hutchinson and Vanessa Murphy discuss proposed changes to the wholesale client and sophisticated investor tests, which have not been updated since 2001. They examine what the tests are, how they are used and how the changes may impact companies wishing to raise capital, among other issues.

    Building better boards and leaders: employee fraud and corruption – part 1

    Play Episode Listen Later May 13, 2024 14:01


    Suzie Leask, Julian Hammond and David Catanese discuss employee fraud and corruption. What are the key workplace issues? What structures and processes can boards have in place to deal with alleged employee fraud?

    The ECM Exchange: Convertible notes

    Play Episode Listen Later May 7, 2024 15:25


    John Hutchinson, Deborah Chew and Michelle Eastwell discuss convertible notes: what are they, how and when can they be used as a fundraising option and what is the ASX's view of convertible notes? They also offer some tips for listeners on the use of convertible notes.

    Building better boards and leaders: privacy and cyber readiness

    Play Episode Listen Later May 6, 2024 22:33


    Suzie Leask, Eden Winokur and Alison Baker discuss current cyber and privacy issues facing boards and directors, why cyber and privacy need to be on the agenda at every board meeting, and offer tips on how boards and directors can be cyber and privacy ready.

    The ECM Exchange: Climate reporting and financial reports

    Play Episode Listen Later May 1, 2024 15:37


    John Hutchinson, Suzie Leask and Sevan Gore discuss a new Bill that sets up the mandatory Australian climate reporting framework and will affect how organisations prepare their financial reports and collect data. They outline which companies will be affected, when reporting requirements will commence, and director liability, among other issues.

    Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 2

    Play Episode Listen Later Apr 29, 2024 13:59


    Scott Butler, Jacqui Barrett and Nicole Tumiati discuss what happens when there's a complete breakdown between the parties, what owners should keep in mind when negotiating a restructure involving the exit of an owner, and issues to consider if you are the person leaving the organisation.

    Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 1

    Play Episode Listen Later Apr 23, 2024 21:51


    Scott Butler, Jacqui Barrett and Nicole Tumiati discuss how professional services firms can restructure equity and manage owner exits, especially when things get tough. They look at the common reasons why a firm may change its ownership structure – both good and bad – and the key obstacles owners may face to negotiate an acceptable outcome.

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