In this episode of the Herbert Smith Freehills Tax Bites podcast, Toby Eggleston partners with Consulting Professor Graham Cooper and fellow partner Ryan Leslie to dive deep into recent Federal Court decisions on the anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936. The discussion begins with insights into the Minerva Fin…

Tony Damian and Andrew Rich are back! Himalayan Bites kicks off with our Q1 2024 review.โดย Herbert Smith Freehills Podcasts

Join Partners Michael Vrisakis and Andrew Eastwood and solicitor Abby Sutherland in conversation on reasonable steps obligations and conflicted remuneration, as illuminated in the recent case of Australian Securities and Investments Commission v R M Capital Pty Ltd [2024] FCA 151.โดย Herbert Smith Freehills Podcasts

Lucy McCullagh, Alice Molan, Mark Hatfull and Naomi Hutchings delve into the multifaceted world of carbon offset projects working toward Australia’s net zero and nature positive goals, from regulatory considerations to project finance and structuring. Key concepts are outlined including the Carbon Farming Initiative Act, the Australian Carbon Credi…

Andrew Eastwood and Bryony Adams discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors.…

Andrew Eastwood and Bryony Adams discuss an important Federal Court judgment handed down recently in ASIC v Noumi Ltd which has wide-ranging implications for organisations facing litigation and regulatory proceedings and their approach to legal professional privilege, particularly those in the banking and financial services sectors.…

In this episode, we return with Part 2 of our discussion with Bill Siegel, the CEO of Coveware. We look closely at Coveware itself (and its history), the scope of Coveware’s services, how threat actor negotiations unfold, banning ransom payments, the role of the cyber simulation and what makes a good simulation. We also discussed the role of the bo…

This month Jojo Fan spoke with Cindy Hui, General Counsel for Alibaba's International Digital Commerce Group. Cindy shares her tips for young women looking to enter new tech industries, and the trend towards work-life integration enabled by increased connectivity and new ways of working.โดย Herbert Smith Freehills Podcasts

In our first Podcast on the work of the Treasury Taskforce, Stephanie Panayi and Andrew North delved into the merger reform proposals that were under consideration by the Treasury Taskforce preceding today’s Government announcement. Leveraging Andrew's extensive knowledge of the UK and EU merger regimes, we dissect several key aspects of the Treasu…

Jacqueline Wootton, Christine Wong and Christopher Hicks discuss the intersection between corporate criminal responsibility and ESG in a Third Wheel X Investigate 360 collaboration episode exploring governance, social licence to operate and the regulation of ESG issues under criminal standards. The serious risks associated with criminal matters are…

It is estimated that 55% of the UK workforce is planning on requesting flexible working hours once some significant changes to Employment Law, including to the flexible work request regime, come into effect from Saturday 6 April. Employers need to be aware of these changes, which extend to family leave rights, redundancy protection, tribunal compen…

Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?). The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This epi…

Given the scale of the exercise to report against the new climate reporting regime, what sort of foundational steps should companies be considering now? In this episode, we share our insights into common pain points and suggested focus areas to help identify aspects of reporting for front loading, ahead of the new regime commencing.…

The new reporting regime will be a prompt for companies to critically assess whether existing governance arrangements are ‘fit for purpose’ (and disclosure) in respect of climate impacts, risks and opportunities. In this episode, we talk about how companies are stress-testing their governance arrangements, reconsidering the division of responsibili…

The shift from voluntary (or no) climate-related reporting to full compliance with the Australian Sustainability Reporting Standards (ASRS) will require differing degrees of uplift for each company, but it is difficult to know where to start. Conducting a gaps analysis can help to identify priority areas for uplift and areas where underlying proces…

The process to test and verify the integrity of climate-related information will be critical in ensuring public disclosures match internal practices, and that claims can be substantiated if challenged. As well as being a baseline expectation of the Board, a thorough verification process will be important to substantiate claims and underpin assuranc…

Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?). The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This epi…

Climate-related metrics and targets are already a key area of focus for stakeholders, but under the new regime there will be more granularity than has been disclosed in the past. The ASRS metrics & targets pillar requires companies to take the leap towards granular quantitative disclosures (including in relation to Scope 3 emissions). In this episo…

The new regime will require unprecedented levels of forward-looking information to be included in corporate reporting, as well as dependencies on estimation and third-party data with respect to Scope 3 emissions. Directors will also be asked to declare their reporting is compliant with the ASRS. The modified liability has been reshaped various time…

Climate-related risk is probably one of the better understood concepts under ASRS, however, how will companies expand that framework to include disclosure of their management (i.e. identification, assessment, prioritisation and monitoring) of climate-related opportunities as well? The ASRS risk management pillar requires companies to deep dive into…

This is Episode 3 of Cross Examining Cyber, where we cross examine Bill Siegel, CEO & Co-Founder of Coveware. We could have talked to Bill for hours, so we have broken this podcast in two. Part 1 covers a range of issues including the establishment of Coveware, the value of good data, cyber extortion payment trends, cyber extortion “business models…

How can companies prepare for the assurance requirements when they’re still a moving target in and of themselves…? In this episode, we talk about the current proposal from the Australian Auditing and Assurance Standards Board (AUASB) for phased assurance (with consultation open until 3 May 2024). We also talk through some practical steps that compa…

Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge. The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articul…

Disclosure under this pillar is not just headline statements and overarching direction. These mandatory climate-related disclosures will mean that a company’s “strategy” will need to include comprehensive disclosure of how climate considerations are integrated into decision-making. The ASRS strategy pillar requires companies to focus not just on it…

The basics of redundancy processes in the UK have been unchanged for some time, so the forthcoming changes from 6 April could be a trap for the unwary, if usually confident managers are not careful. Speakers: Nick Wright, Partner, London and Anna Henderson, Professional Support Consultant, Londonโดย Herbert Smith Freehills Podcasts

In this episode, join Partner Peter Jones, Regional Head of Emerging Technology (APAC) Susannah Wilkinson, Senior Associate Anjelica Balis and Solicitor Nayan Bhathela as they explore the impact of quantum computing on the financial services sector.โดย Herbert Smith Freehills Podcasts

In this episode associate Mark Peters and partner Toby Eggleston discuss the potentially huge changes to the stamp duty regime in Victoria for commercial property. While it initially sounds straightforward, there are a number of nuances and potential issues for future transactions. More details can be found in our tax insights.…

Isabella Kelly fires up the crystal ball and invites Tim Stutt and Mel Debenham to share their ESG predictions for 2024. Mel discusses the timing tightrope for decarbonisation projects, Commonwealth environmental legislative reform and a very different approach to regulation. Tim queries if there is an elastic start date for mandatory climate repor…

Under the new offence of failure to prevent fraud, companies can incur liability as a result of acts by their "associated persons". In this episode Elizabeth Head, Rob Hunt and Shannan Casey-Black discuss the types of third parties that can be "associated persons" for this purpose, consider how this compares with similar concepts under the Bribery …

In this 23rd episode of our series of commercial litigation update podcasts, we look at the government's plans for the litigation funding industry, and a consultation on proposals regarding public access to court documents. We also consider two recent cases on costs – more specifically costs against non-parties and security for costs – and a recent…

Hot-on-the-heels of our inaugural podcast, we now bring you Cross Examining Cyber, Episode 2, the cross examination of Hamish Hansford (Part 2). We take the time to speak to Hamish about the SOCI Act, whether we are winning the war on cyber and the role of lawyers in the crisis room.โดย Herbert Smith Freehills Podcasts

In this episode of our shareholder activism podcast series, we look at activism in the context of M&A. We discuss how shareholders can: encourage M&A, by pushing companies to pursue a transaction; influence M&A, for example by agitating for a higher price from the bidder on a takeover offer; or threaten M&A, by seeking to block a transaction. We al…

In this series, we will explore all things cyber, including the legal, regulatory and policy developments that impact corporate Australia. We will do this by speaking to those people who are shaping the Australian legal and regulatory environment. Those who are on the front line of protecting Australian companies from cyber incidents. In our inaugu…

Partners Nicole Pedler and Alex Mackinnon summarise the Australian capital markets in 2023 and our predictions for 2024, with an expanded review this year to focus on secondary raisings, blog trades and some interesting transaction structures which have emerged in 2023. Explore our review here: https://www.herbertsmithfreehills.com/insights/reports…

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 Nora van Meerwijk. You can find links to our blogs on the…

Our latest episode of Inside IR looks at the second tranche of ‘Closing Loopholes’ reforms, which passed both Houses in mid-February 2024 and included some surprise last-minute additions. Rohan Doyle is joined by HSF partners Anna Creegan and Shivchand Jhinku, who dissect some of the key elements of these important reforms, including the new defini…

A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies - a Companies House update. Speakers: Sarah Hawes, Head of Corporate Knowledge and Gareth Sykes, Partnerโดย Herbert Smith Freehills Podcasts

Join Liz Kantor, Vanessa Naish, and guest, Hannah Ambrose, as they delve into the Court of Appeal's judgment in the Unicredit v RusChemAlliance case. They unravel why the governing law of the arbitration agreement mattered in that case, and why this remains such a topic of debate in the arbitration community. They will consider how the current posi…

In this episode associate Geraldine Chan and partner Ryan Leslie join Toby Eggleston to discuss the main takeaways of the Commissioner’s win in the PepsiCo case. More details can be found in our tax insights blog.โดย Herbert Smith Freehills Podcasts

In this episode or our public M&A podcast series, we look at the updated guidance from the Takeover Panel on invoking conditions to an offer and what it means in particular for anti-trust/merger control conditions. Speakers: Antonia Kirkby and Robert Mooreโดย Herbert Smith Freehills Podcasts

In the first of our "crossover" episodes, Susannah Cogman is joined by Jenny Stainsby from HSF's Financial Services Regulatory team to look at the financial sector's current focus on APP fraud, its interaction with the offence of failure to prevent fraud, and other steps being taken to tackle this widespread fraud typology. Stay tuned for Part 2 of…

In the third and final part of our look ahead to potential employment law proposals should the Labour Party secure a win at the next General Election, Partner Tim Leaver, together with Consultant Peter Frost and Senior Associate Sian McKinley, continue to explore the key employment-related proposals put forward by the Labour Party in its Green Pape…

In the latest edition of our Policy Matters Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business. This podcast first appeared on our Public Law Podcast series. Speakers: J…

In the latest edition of our Public Law Podcast series, Jasveer Randhawa and James Wood discuss challenging policy. This is part two of a series focusing on policy, where we now turn to look at how to challenge a policy that may have a detrimental impact on your business. Don’t forget to subscribe to the channel to receive updates on future episode…

In Part 2 of our podcast on competition and ESG in the Australian consumer sector, Sarah Benbow and Patrick Gay look at the intersection of competition law and ESG – how industry or cross-sector collaboration could trigger competition law risks and the way the ACCC and global competition law regulators are thinking about these risks. Sarah and Patr…

In the second episode of our Inside Arbitration Podcast, we cover the latest news that the UK government plans to reverse the ruling in Paccar v Road Haulage Association. We first provide a recap of the Supreme Court judgment in Paccar and the implications of that decision, and then look at how the relevant legislative regime for alternative fee ar…

In this 22nd episode of our series of commercial litigation update podcasts, we look at some recent developments relating to enforcement of judgments, litigation funding and class actions as well as an important Court of Appeal decision on ADR that came out in late November, and a couple of interesting recent decisions on exclusion clauses and the …

In the latest edition of our Policy Matters Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. This podcast first appeared on our P…

In the latest edition of our Public Law Podcast series, Jasveer Randhawa, James Wood and Paul Butcher discuss shaping and challenging policy. This is part one of a two-part series focusing on policy, and we start by looking at the formal and informal ways in which businesses can influence policy development. Don’t forget to subscribe to the channel…

Decoding the Economic Crime Act – jurisdictional scope of the new Failure to Prevent Fraud OffenceWhich companies inside or outside the UK may be liable under the new Failure to Prevent Fraud Offence? How should companies think about jurisdiction in scoping their 'reasonable procedures' project? In this episode, Susannah Cogman, Brian Spiro and Ali…