Smarter Lawcast With Hall & Wilcox podcast

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The Head Start: Embracing the Journey

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Sweat and Resilience: Balancing Chronic Migraine with Fitness Goals 35:02

vor 5 Tagen35:02

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The healing power of fitness goes far beyond physical benefits—for today’s guest, it’s a form of self-expression and a celebration of what the body can do. In this episode, host Nora McInerny sits down with fitness personality Ivylis Rivera, who shares her deeply personal journey of navigating life with Chronic Migraine while holding onto her passion for movement. Ivylis opens up about the struggle of staying active while facing the fear of triggering a headache or migraine attack and the resilience it takes to keep pushing forward—a resilience that carried her through the challenging journey of finding a Chronic Migraine treatment plan that worked for her. Join Nora and Ivylis as they explore the concept of “soft living,” a philosophy Ivylis embraces—staying active, listening to your body, and building trust in oneself. Click here for Product Information, including Boxed Warning and Medication Guide, or visit https://abbv.ie/prescribing_info See omnystudio.com/listener for privacy information.…

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. LinkedIn:@Hall & Wilcox Facebook:@HallandWilcox Instagram:@hallwilcox https://hallandwilcox.com.au/

142 Episoden

#Business News #News #Hall and Wilcox

Smarter Lawcast with Hall & Wilcox

updated vor 11 Tagen

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142 Episoden

#Business News #News #Hall and Wilcox

Alle Folgen

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Cultural Inclusion Conversations: Why are cultural inclusion conversations important? 26:40

vor 11 Tagen26:40

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.…

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Trusts Matters – Trusts: lost trust deeds 16:08

vor 7 weeks16:08

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.

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Trusts Matters – Trusts: beneficiaries and rights to information 19:01

vor 8 weeks19:01

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.…

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Trusts Matters: Trust disputes and trustee discretion 21:59

vor 9 weeks21:59

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.

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Trusts Matters – Trust variations: how to avoid being caught out 22:58

vor 10 weeks22:58

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.…

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Spotlight on Health Regulation – Social media and advertising guidelines: guidance for health practitioners 20:30

vor 25 weeks20:30

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.…

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Risk Ready: Business Restructuring – Key issues impacting the aged care sector 34:58

vor 25 weeks34:58

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.…

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Risk Ready: Business Restructuring – Key issues impacting the retail industry 18:36

vor 26 weeks18:36

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.…

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Spotlight on Health Regulation – Vapes and vaping: regulation in Australia 27:41

vor 26 weeks27:41

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.…

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Risk Ready: Business Restructuring – Key issues impacting building and construction sector 23:15

vor 27 weeks23:15

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.…

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Spotlight on Health Regulation: Medicinal cannabis – Australia’s regulatory environment 26:44

vor 27 weeks26:44

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.…

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Spotlight on Health Regulation: Recent prosecutions and regulator focus 33:22

vor 28 weeks33:22

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.…

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The ECM Exchange: Understanding reverse takeovers 14:34

vor 28 weeks14:34

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.…

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Spotlight on Construction Law: The superintendent’s role in construction projects 15:53

vor 28 weeks15:53

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.…

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The ECM Exchange: Capital raising and issue pricing restrictions for listed and unlisted funds 17:22

vor 29 weeks17:22

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.…

Smarter Lawcast with Hall & Wilcox

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Navigating AML/CTF: Independent reviews of AML/CTF programs 14:02

vor 30 weeks14:02

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.

Smarter Lawcast with Hall & Wilcox

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The ECM Exchange – Cyberattacks and continuous disclosure: what ASX-listed entities need to know 26:58

vor 30 weeks26:58

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 .…

Smarter Lawcast with Hall & Wilcox

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Navigating AML/CTF: Risks and common failures of AML/CTF programs 17:10

vor 31 weeks17:10

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.

Smarter Lawcast with Hall & Wilcox

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The ECM Exchange: Navigating shareholder approvals and capital raising essentials 20:18

vor 31 weeks20:18

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.…

Smarter Lawcast with Hall & Wilcox

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Navigating AML/CTF: Outsourcing obligations under AML/CTF rules 17:52

vor 32 weeks17:52

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.

Smarter Lawcast with Hall & Wilcox

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Tax Records – Essential tax considerations for clients on the move 31:13

vor 32 weeks31:13

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 .…

Smarter Lawcast with Hall & Wilcox

1
Navigating AML/CTF – AML/CTF: Knowing your client 15:50

vor 33 weeks15:50

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.…

Smarter Lawcast with Hall & Wilcox

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Tax Records – Navigating wage and superannuation underpayments: avoiding costly pitfalls 27:06

vor 33 weeks27:06

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.…

Smarter Lawcast with Hall & Wilcox

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Navigating AML/CTF – AML/CTF: latest reforms and developments 16:40

vor 34 weeks16:40

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/…

Smarter Lawcast with Hall & Wilcox

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Tax Records – New Administrative Review Tribunal: what changes will it introduce? 22:15

vor 34 weeks22:15

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.

Smarter Lawcast with Hall & Wilcox

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Becoming a Philanthropist: The joy of collective giving 20:47

vor 35 weeks20:47

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.…

Smarter Lawcast with Hall & Wilcox

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Becoming a philanthropist – Having a philanthropic impact in life and beyond 31:34

vor 36 weeks31:34

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.…

Smarter Lawcast with Hall & Wilcox

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Becoming a philanthropist – What is a Private Ancillary Fund (PAF) and should I set one up? 16:19

vor 37 weeks16:19

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.

Smarter Lawcast with Hall & Wilcox

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Becoming a philanthropist – Philanthropic giving: what is it and how do I do it? 17:20

vor 38 weeks17:20

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.…

Smarter Lawcast with Hall & Wilcox

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Health and aged care – international perspective: Healthcare: Australia and UK trends 33:12

vor 39 weeks33:12

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.…

Smarter Lawcast with Hall & Wilcox

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Health and aged care – international perspective: Life sciences: Australia and UK trends 32:33

vor 40 weeks32:33

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.…

Smarter Lawcast with Hall & Wilcox

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Doing Business in Australia: tax and customs compliance 19:39

vor 43 weeks19:39

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.

Smarter Lawcast with Hall & Wilcox

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Doing business in Australia: spotlight on the US 18:59

vor 44 weeks18:59

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.…

Smarter Lawcast with Hall & Wilcox

1
Doing business in Australia: international wealth and cross border succession planning 21:39

vor 45 weeks21:39

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.…

Smarter Lawcast with Hall & Wilcox

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Doing business in Australia: employment and migration trends 27:35

vor 46 weeks27:35

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.…

Smarter Lawcast with Hall & Wilcox

1
Doing business in Australia: the Foreign Investment Review Board – key takeaways for foreign investors or advisors 17:46

vor 47 weeks17:46

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.…

Smarter Lawcast with Hall & Wilcox

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Spotlight on Aged Care: Insurance and risk factors facing aged care 27:37

vor 47 weeks27:37

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.…

Smarter Lawcast with Hall & Wilcox

1
Spotlight on Aged Care: Employment and tax issues facing the aged care sector 24:10

vor 48 weeks24:10

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.…

Smarter Lawcast with Hall & Wilcox

1
Spotlight on Aged Care: Restructuring in aged care 22:11

vor 49 weeks22:11

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.…

Smarter Lawcast with Hall & Wilcox

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Spotlight on aged care: Aged care reforms – what is proposed and how it will impact providers 21:52

vor 50 weeks21:52

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.…

Smarter Lawcast with Hall & Wilcox

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Spotlight on aged care: Mergers and acquisitions and governance issues in aged care 29:04

vor 51 weeks29:04

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.…

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders – Generative AI: benefits and risks 26:06

vor 52 weeks26:06

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.…

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange: Key changes to the ASX Corporate Governance Principles and Recommendations – draft 5th edition 15:34

vor 1 year15:34

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.…

Smarter Lawcast with Hall & Wilcox

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Building better boards and leaders: employee fraud and corruption – part 2 17:38

vor 1 year17:38

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.

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange: Proposed changes to wholesale client and sophisticated investor tests 10:50

vor 1 year10:50

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.

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders: employee fraud and corruption – part 1 14:01

vor 1 year14:01

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?

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange: Convertible notes 15:25

vor 1 year15:25

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.

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders: privacy and cyber readiness 22:33

vor 1 year22:33

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.

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange: Climate reporting and financial reports 15:37

vor 1 year15:37

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.…

Smarter Lawcast with Hall & Wilcox

1
Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 2 13:59

vor 1 year13:59

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.

Smarter Lawcast with Hall & Wilcox

1
Risk Ready: business restructuring: Professional services firms: how to restructure equity and manage owner exits – part 1 21:51

vor 1 year21:51

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.…

Smarter Lawcast with Hall & Wilcox

1
Spotlight on Construction Law: Green construction and carbon emissions: a contractor’s view 12:46

vor 1 year12:46

12:46

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 industry.…

Smarter Lawcast with Hall & Wilcox

1
Risk Ready: business restructuring – Common tax issues in business restructures 18:42

vor 1 year18:42

18:42

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.…

Smarter Lawcast with Hall & Wilcox

1
Spotlight on Construction Law: Green construction and carbon emissions: a developer’s view 18:48

vor 1 year18:48

18:48

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 should you?…

Smarter Lawcast with Hall & Wilcox

1
Risk Ready: business restructuring – Safe harbour and insolvent trading 13:30

vor 1 year13:30

13:30

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.

Smarter Lawcast with Hall & Wilcox

1
Risk Ready: business restructuring – When is a director personally liable for a company’s outstanding tax debts? 19:34

vor 1 year19:34

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.

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders – ESG insights: new risks, compliance and sustainability metrics that matter – part 2 20:03

vor 1 year20:03

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 consider, and why there is an obligation to use data to make informed long-term business decisions that are in the best interests of everyone, not just the business.…

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders – ESG insights: new risks, compliance and sustainability metrics that matter – part 1 36:45

vor 1 year36:45

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 future flourishing society looks like, Australia’s new mandatory climate reporting standards, and why ESG is no longer a ‘nice to have’ but an expected ‘business as usual’ capability within organisations.…

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders: Boards behaving badly 35:22

vor 1 year35:22

35:22

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.…

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders: How to build legally compliant, healthy and inclusive organisations 31:33

vor 1 year31:33

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.…

Smarter Lawcast with Hall & Wilcox

1
Building better boards and leaders: Key issues facing boards and executive leaders 23:11

vor 1 year23:11

23:11

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.

Smarter Lawcast with Hall & Wilcox

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Living the law grad life – Q&A with our law grads: answering our listeners’ questions 24:40

vor 1 year24:40

24:40

Hosts Sean Kempel and Ariana Saropoulou are joined by Isabella Emanuel, Stephanie Malamas and Victor Yeo to answer questions we received during the season from our listeners. We cover the most challenging and rewarding parts of being a grad at Hall & Wilcox, how to build confidence, why keeping an open mind and having a positive attitude are key attributes, how to balance work with practical legal training, how to network, and how to get involved in pro bono and social and sports committees.…

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life – From law graduate to partner: two Hall & Wilcox career stories 17:20

vor 1 year17:20

17:20

Hosts Sean Kempel and Ariana Saropoulou interview two of Hall & Wilcox’s newest partners, Vanessa Murphy and Ben Cotter . Vanessa and Ben speak about their journey to partner, the areas they practice in and why they chose those areas, how their roles and responsibilities have changed since they were promoted to partner, and offer some advice to grads starting out their legal career.…

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life – Bring your whole self to work: work/life balance in the legal industry 22:04

vor 2 years22:04

22:04

Jacob Uljans discusses with hosts Ariana Saropoulou and Sean Kempel the importance of work/life balance and why it’s crucial to develop strategies to ensure that work does not become all encompassing. Jake also speaks about his role as National Graduate Partner and the importance of a great graduate program.…

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life – Pro bono: giving back to the community 21:46

vor 2 years21:46

21:46

Nathan Kennedy and Dan Poole chat about our pro bono and community program with hosts Ariana Saropoulou and Sean Kempel. They talk about how pro bono makes a difference in people’s lives, how the skills learned make for better lawyers, and share their stories about why they love working in this area. Find out more about our Pro Bono practice .…

Smarter Lawcast with Hall & Wilcox

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The ECM Exchange – Cleansing notices 14:21

vor 2 years14:21

14:21

John Hutchinson , Michelle Eastwell and Sevan Gore discuss cleansing notices, which are an important part of any capital raising toolkit. What is a cleansing notice, when would you use one and what happens if there is a breach of any of the cleansing notice requirements?

Smarter Lawcast with Hall & Wilcox

1
New unfair contract terms regime: are you ready? 25:26

vor 2 years25:26

25:26

The new unfair contracts terms regime comes into force from 9 November. The ACCC and ASIC have signalled that this will be an enforcement priority, and so the new regime will be an important part of a business’s risk and compliance program. Suzie Leask , James Deady and Mark Lebbon outline the changes, which include significant civil penalties and an increase in the number of businesses that these laws will apply to, and offer tips for how businesses can get ready. You can also find more information on our Unfair Contract Terms Resource Centre .…

Smarter Lawcast with Hall & Wilcox

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The ECM Exchange – Shareholder activism and defamation 13:09

vor 2 years13:09

13:09

John Hutchinson , James Morvell and Hamish McNair discuss how defamation issues may arise when claims are made against companies or individuals within companies, what defences are available and how to prevent these issues arising in the first place.

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life – Busting insurance myths with Matt Curll 21:45

vor 2 years21:45

21:45

Matt Curll busts some myths around insurance law with hosts Ariana Saropoulou and Sean Kempel. He also chats about what he loves about insurance law, the skills good insurance lawyers need, and why insurance law is an exciting and challenging area to practice in. Do you have any burning questions for our grads? Submit them below.…

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange – ESG: what listed entities need to know 16:21

vor 2 years16:21

16:21

Environmental, social and governance (ESG) issues are a big topic in corporate life but have particular importance for listed entities, given the public nature of ESG disclosures, investor interest and the potential for regulatory and class action risk. John Hutchinson , Julian Hammond and Vanessa Murphy discuss the change in ESG emphasis from regulators, what to do if your company receives a notice about ESG-related issues, and why bluewashing is the next issue on the horizon.…

Smarter Lawcast with Hall & Wilcox

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Spotlight on Construction Law – Construction contracts: any quick fixes to reduce the risk of insolvency? An expert's view 13:40

vor 2 years13:40

13:40

Stefan Fenk chats with guest David Gibson , CEO of DGA Group, a specialised construction global consulting firm, about advance payment and price adjustment clauses. These are two quick fixes that can be incorporated into construction contracts that might reduce the risk of contractors going insolvent. David shares his knowledge and experience of these clauses in practice and offers top tips for using both clauses.…

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange: How to prepare for AGM season 15:37

vor 2 years15:37

15:37

With companies gearing up for AGM season, John Hutchinson and Deborah Chew discuss how to best prepare for AGMs, including whether meetings will be in-person, virtual or hybrid, typical resolutions and areas of possible controversy.

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life – Early careers recruitment: preparing for law graduate and clerkship applications and interviews 15:16

vor 2 years15:16

15:16

Hosts Sean Kempel and Ariana Saropoulou chat with Partner Elisa Paxton and Senior National Early Careers Advisor Gilda Carter about why blind recruitment during the clerkship and graduate application process is so important, how to make your application stand out, how to prepare for an interview and why grads should consider applying to Hall & Wilcox.…

Smarter Lawcast with Hall & Wilcox

1
Tax Records – Cyber security and data privacy: how it could impact you 35:31

vor 2 years35:31

35:31

What practical steps can tax practitioners, accountants and other professionals take to protect the confidential data of their clients? Eden Winokur and Bradley White discuss two of the most business critical issues facing organisations today: cyber security and data privacy.

Smarter Lawcast with Hall & Wilcox

1
Tax Records – Australia’s individual tax residency rules – proposed changes 31:31

vor 2 years31:31

31:31

Adam Dimac and Todd Bromwich discuss Treasury’s proposed changes to Australia’s complex tax residency rules for individuals, highlighting the key changes, how they may work in practice and what changes they hope to see in the final proposal.

Smarter Lawcast with Hall & Wilcox

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Spotlight on Construction Law – Construction contracts: any quick fixes to reduce risk of insolvency? 9:33

vor 2 years9:33

9:33

Stefan Fenk and Sam Kelsey discuss whether there are any ‘quick fixes’ that can be incorporated into construction contracts that might reduce the risk of contractors going insolvent, focusing on advance payment and price adjustment clauses.

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life: Working at Hall & Wilcox – hear from our Managing Partner 24:27

vor 2 years24:27

24:27

Hosts Ariana Saropoulou and Sean Kempel chat to Tony Macvean , who outlines his career journey from articled clerk to managing partner, what he loves about the firm, how our Hallmarks articulate and drive our respectful culture, why collaboration is our superpower, what he learned as a leader during Covid, and he shares his advice for law graduates.…

Smarter Lawcast with Hall & Wilcox

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Tax Records – What to consider when selling a professional services business: part 2 21:25

vor 2 years21:25

21:25

In part 2, Frank Hinoporos , Chris Brown and guest Jason Phillips from JNP Advisory discuss key due diligence issues presented during the sale of a professional services business including structure, employees and employment agreements, insurance, and clients and existing arrangements. Read ⁠Jason's profile⁠ .…

Smarter Lawcast with Hall & Wilcox

1
Tax Records – What to consider when selling a professional services business: part 1 19:12

vor 2 years19:12

19:12

What issues should be considered when contemplating a sale of a professional services business? In part 1, Frank Hinoporos , Chris Brown and guest Jason Phillips from JNP Advisory discuss how to maximise the benefits while managing the risks. Read Jason's profile .

Smarter Lawcast with Hall & Wilcox

1
Living the law grad life: Working at Hall & Wilcox – meet our law grad hosts 24:26

vor 2 years24:26

24:26

In our new law graduate podcast, we’ll explore what it means to be a part of Hall & Wilcox. How can you best prepare for applications and interviews? What’s special about working at Hall & Wilcox? We’ll share plenty of stories and tips from our people. In this episode, meet our law grad hosts: Sean Kempel and Ariana Saropoulou. Learn more about being a grad at Hall & Wilcox: https://hallandwilcox.com.au/careers/early-careers/…

Smarter Lawcast with Hall & Wilcox

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Risk Ready: business restructuring – Business restructuring – Risks directors face when business is in financial difficulty 29:46

vor 2 years29:46

29:46

There are serious consequences for directors when a company becomes insolvent. In this episode, Scott Butler and David Dickens discuss what risks directors face, what options are available for directors to avoid insolvent trading liability, and how a good turnaround advisor may be able to help save the business.…

Smarter Lawcast with Hall & Wilcox

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Risk Ready: business restructuring – Buying a distressed business – issues to consider 24:47

vor 2 years24:47

24:47

Scott Butler , Ed Paton and David Catanese discuss the key transactional and employee issues to consider when acquiring a distressed business. In a distressed sale, the timelines are short and access to information may be limited. It is also wise not to treat employee issues as an afterthought.

Smarter Lawcast with Hall & Wilcox

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Risk Ready: business restructuring – Banking and corporate structuring issues for distressed businesses 22:50

vor 2 years22:50

22:50

Scott Butler , Jacqui Barrett and David Cooper discuss what matters a business in distress should consider from a banking and corporate structuring perspective to be able to trade out of its situation and navigate a new path forward.

Smarter Lawcast with Hall & Wilcox

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Risk Ready: business restructuring – Contract flexibility 13:10

vor 2 years13:10

13:10

Scott Butler and Nicole Tumiati discuss the key reasons that can impact a business’s ability to comply with its contractual obligations. How can a business introduce flexibility into contracts to allow it to respond to changing economic conditions?

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange – Executive remuneration and equity plans 13:16

vor 2 years13:16

13:16

John Hutchinson , Deborah Chew and Anthony Bradica discuss the tax and corporate law issues surrounding executive remuneration, particularly equity plans. Although there have been no dramatic tax rule changes in the past year, the Corporations Act has changed, with implications for both listed and unlisted companies.…

Smarter Lawcast with Hall & Wilcox

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The ECM Exchange – Listed company acquisitions: issues for directors 17:19

vor 2 years17:19

17:19

John Hutchinson , James Morvell and Sevan Gore discuss the opportunities in a challenging market for listed companies to buy unlisted companies and/or assets. How do acquisitions by a listed company differ from their unlisted competitors? The path to success lies in careful advance planning, including being aware of the regulatory issues, having a clear PR strategy, and knowing where funding will come from.…

Smarter Lawcast with Hall & Wilcox

1
The ECM Exchange: Raising capital in volatile times 22:03

vor 2 years22:03

22:03

With companies facing economic headwinds, John Hutchinson , Michelle Eastwell and Deborah Chew discuss how to raise capital in a challenging market, including the different types of capital raising they are seeing, the quickest way to raise capital with certainty and issues to be aware of in relation to cleansing notices, trading halts and suspensions.…

Smarter Lawcast with Hall & Wilcox

1
Cyberzone – Cyber and identity protection: the rise and importance of ID care 41:01

vor 2 years41:01

41:01

With data breaches and scams exploding over the past decade, what are the risks for individuals who have had their personal information accessed or published during a data breach? Eden Winokur spoke to David Lacey , founder and managing director of Australia’s leading identification protection service, ID Care , about how his organisation helps individuals and corporates who have been impacted by data breaches.…

Smarter Lawcast with Hall & Wilcox

1
Investing with purpose 24:37

vor 2 years24:37

24:37

Chris Brown interviews Scott Fletcher about impact investment. What is it, how does it differ from ESG, has it taken off in Australia and what sort of investors does impact investing appeal to?

Smarter Lawcast with Hall & Wilcox

1
Succession planning for blended families: Change of relationship status: legal issues to consider 23:01

vor 2 years23:01

23:01

Janene Bon and Claire Hawke-Gundill discuss the effect of a change of relationship status, such as entering a de facto relationship, marriage, separation and divorce, on succession planning and outline some implications and actions for people to consider.

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