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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. LinkedIn:@Hall & Wilcox Facebook:@HallandWilcox Instagram:@hallwilcox https://hallandwilcox.com.au/
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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 communic…
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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.…
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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.…
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The ECM Exchange: Capital raising and issue pricing restrictions for listed and unlisted funds
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 R…
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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.
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The ECM Exchange – Cyberattacks and continuous disclosure: what ASX-listed entities need to know
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 b…
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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.
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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 considera…
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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.
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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 S…
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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, an…
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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 ensur…
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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 …
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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.
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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. Austra…
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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 …
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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.
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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.…
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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 …
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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 chang…
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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.
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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.…
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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 jurisdictio…
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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,…
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Doing business in Australia: the Foreign Investment Review Board – key takeaways for foreign investors or advisors
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 in…
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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 exis…
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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 …
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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 restruc…
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Spotlight on aged care: Aged care reforms – what is proposed and how it will impact providers
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 …
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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 a…
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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…
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The ECM Exchange: Key changes to the ASX Corporate Governance Principles and Recommendations – draft 5th edition
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 sustain…
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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.
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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.
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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?
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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.
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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.
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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.…
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Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 2
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.
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Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 1
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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Sam Kelsey and guest Julia Halioua from the Footprint Company continue their discussion about green construction, looking at carbon emissions from a contractor’s perspective. With a large portion of a contractor’s emissions coming from its supply chain, Sam and Julia offer tips on how contractors can reduce their emissions and effect change in the …
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Tax issues are core to any business restructure and must be considered at the beginning of any restructure planning. Scott Butler and Jim Koutsokostas discuss common tax and duty consequences, how these may differ from state to state, and why involving a tax lawyer early in the process can help avoid some nasty surprises later.…
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Sam Kelsey chats with guest Julia Halioua from the Footprint Company about green construction, which is sustainable and environmentally friendly construction with a focus on carbon emissions. Sam and Julia discuss carbon emissions from a developer’s point of view: what are they? How are they measured? What can you do to reduce emissions? And why sh…
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Scott Butler and Mark Petrucco discuss how safe harbour provisions protect directors against potential insolvent trading liability while restructuring companies, how to access the provisions, and the importance of engaging good advisors to steer the right course.
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Risk Ready: business restructuring – When is a director personally liable for a company’s outstanding tax debts?
19:34
Scott Butler and David Dickens discuss how a director may become liable for unpaid taxes under the Director Penalty Regime, why it’s critical that directors lodge activity statements, and what options are available if a director receives a Director Penalty Notice.
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Building better boards and leaders – ESG insights: new risks, compliance and sustainability metrics that matter – part 2
20:03
Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss recent interesting cases that provide guidance on the ways in which boards need to manage ESG-related risks, why climate and nature related risks and dependencies, including throughout the supply chain, are something directors and boards need to con…
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Building better boards and leaders – ESG insights: new risks, compliance and sustainability metrics that matter – part 1
36:45
What should boards and businesses have on their radar about ESG? Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss how to use data to help set targets, how collecting the right data can help mitigate ‘greenwashing’ and ‘greenhushing’ claims, why planetary boundaries are a critical measure of what a…
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Where can boards go wrong and what happens if they do? In an environment where compliance demands on boards are extraordinary, Suzie Leask, Julian Hammond and Steve Knight discuss why boards might lose their way, lessons on what not to do, and advise directors on how best to manage ‘boards behaving badly’ issues.…
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Building better boards and leaders: How to build legally compliant, healthy and inclusive organisations
31:33
What transformational cultural change is needed to comply with the Positive Duty under the new Respect @ Work and build diverse, healthy, inclusive and respectful workplaces? Fay Calderone and Suzie Leask discuss this and outline practical steps leaders can take to ensure compliance and moving beyond it.…
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Fay Calderone and Suzie Leask discuss the key compliance issues boards and executive leaders need to be aware of, from Respect @ Work and everchanging workplace relations laws to cyber security, ESG to corporate governance.
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