Herbert Smith Freehills Kramer Podcasts
A podcast series from the global law firm Herbert Smith Freehills Kramer, offering thought leadership on a wide range of legal topics and industry sectors. Through expert discussions, the episodes explore current legal issues and developments affecting businesses worldwide. The firm's lawyers share their insights and analysis, providing listeners with a deeper understanding of complex legal matters. It serves as a professional resource for clients and anyone interested in the legal landscape.
Episodes
Insurance Bites EP6: D&O defence costs: the Court of Appeal decision in Liberty Managing Agency v Chedid
In this episode of Insurance Bites, Hamish Hunter and Kate Mann, Senior Associates in the Insurance & Professional Risks team, report on the appeal in Liberty Managing Agency Limited v Chedid which considered whether allegations of fraud against directors or officers permit a D&O insurer to withdraw cover, or whether the insurer must wait for independent determination. This is a critical question
The Construction Law Shortcast: EP1 The prevention principle and time at large
What happens when an employer's own conduct prevents the contractor from meeting the contractual completion date? And what are the consequences when a contract has no effective mechanism to deal with acts of prevention? In the first episode of the Construction Law Shortcast, Xavier Milne and Noe Minamikata tackle two foundational principles of English construction law that anyone involved in const
Inside Arbitration Issue 22: Building the Bench - A conversation with Lise Bosman
AFSA’s appointment of Professor Lise Bosman as the inaugural president of its International Court was a clear statement of intent. Her career has moved between practice, academia and arbitral institutions: from apartheid-era campus politics at the University of Cape Town, the Iran–US Claims Tribunal in The Hague, practising commercial arbitration at Freshfields, leadership of the International Cou
On Just Terms S2 E13: Across the Tasman: New Zealand's class actions landscape with Bell Gully
In this episode, partners Jason Betts and Aoife Xuereb speak with Sophie East and Jesse Wilson, partners at Bell Gully, about the evolving class actions landscape in New Zealand and how it compares with developments across the Tasman.
They explore the foundations of New Zealand's representative proceedings regime, the significance of the Supreme Court's landmark decision in Ross v Southern Respon
Cross-examining AI: Liability for AI harms and SRA’s warning notice on AI
This is the fourth episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments that are shaping litigation. In this episode we look at the UKJT’s statement on liability for AI harms, the SRA’s recent warning notice on AI and the first case from the Solicitors Disciplinary Tribunal where a lawyer has been struck off for misuse of AI. This epi
Cross Examining Cyber EP28: Cross Examining Charles Carmakal
Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this series, we speak with leading cyber practitioners, business leaders and policymakers about the issues shaping today's cyber landscape, from emerging threats and regulatory developments to governance, resilience, and security strategy.
In this episode, we cross-examine Charles Carmakal, Chief Tec
Legal Tech Deciphered Trust, Truth and Hallucinations: When Clients Communicate Everywhere, How Do You Collect Anything
In this episode we explore a challenge that receives far less attention than AI: how organisations identify and collect data in an increasingly fragmented communications landscape.
From disappearing messages and encrypted devices to AI-generated transcripts and summaries, our speakers, Stephanie Barrett, David Beck, and Danbee Kim explore what happens when the volume of data, communication channe
OJT S2 E12 - Complexity, class actions and the future of litigation with the Honourable Justice Michael Wigney, Federal Court of Australia
In this episode, partners Jason Betts and Anna Sutherland speak with the Honourable Justice Wigney of the Federal Court of Australia, one of Australia's most experienced judges in complex commercial litigation and representative proceedings, about the growing complexity of modern litigation and its implications for courts, practitioners and clients.
They discuss the rise of sprawling commercial
Commercial litigation EP39: General update
This is the 39th episode of our series of commercial litigation update podcasts. In this episode we discuss an interesting decision on privilege and company directors, some important client resources on ADR and a couple of significant contract law decisions, on termination and the recovery of loss-of-bargain damages and force majeure. This episode is hosted by Maura McIntosh, a knowledge counsel i
Inside Employment (Australia) EP8: The future of non-competes: unpacking the proposed reforms
In this episode of Inside Employment, Tony Wood, Natalie Gaspar and Lucy Boyd unpack the Federal Government’s proposed reforms to non-compete and restraint of trade laws, recently released in exposure draft form. The proposed changes would significantly reshape the use and enforceability of non-compete and non-solicitation clauses across Australia.
Tony, Natalie and Lucy discuss the key elements
Legal Tech Deciphered Trust, Truth and Hallucinations: From Chaos to Clarity: Building the Data Layer That Unlocks AI
In this episode David Beck, Casey Ballard and Uchi Jayawardhena tackle one of the biggest barriers to successful AI adoption: poor data foundations. They explore why data disorganisation, fragmentation and inconsistent governance continue to undermine business processes, long before GenAI enters the picture.
With each speaker coming at the problem from a slightly different angle, they examine why
Tax Bites EP23: Stamp duty update: ISPT v Commissioner of State Taxation
In this episode of Tax Bites, Toby Eggleston and Mark Peters unpack the Victorian and New South Wales ISPT landholder-duty decisions. They examine how a staged acquisition of a widely held property trust produced a substantially higher duty liability than ISPT argued for.
The discussion highlights why transaction sequencing, thresholds, entity status and jurisdiction-specific rules must be asses
OJT S2 E11: Lawyers, risk, and the future of knowledge work with Professor Anthea Roberts, ANU Professor
In this episode of On Just Terms partners Jason Betts and Melissa Gladstone speak with Professor Anthea Roberts, ANU Professor and leading scholar at the intersection of law, technology and global risk, about what it takes to work effectively with AI.
They discuss why lawyers may be uniquely positioned to thrive in the AI era, how multi-agent AI systems can tackle complex interdisciplinary chall
Banking Litigation Podcast EP61: Monthly Update – July/August 2026
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 Alexander Gridasov.
Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Alexander Gridasov (
Inside IR EP34: Negotiating skills for a challenging enterprise bargaining environment - Part 2
Recorded 22 June 2026
In Part 2 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck continue their discussion on the evolving enterprise bargaining landscape, exploring how employers, unions and employees can move beyond short-term, power-based bargaining and invest in negotiation processes that create sustainable
Cross Examining Cyber EP27: Cross Examining Catherine Brenner and John Mullen (Part 2)
In this episode, we continue our director series with part two of our cross examination of Catherine Brenner and John Mullen. In our last episode, we left you on a cliffhanger. We now pick up where we left off. We also discussed the value in good communications, the human factor in cyber incident response, a values-led approach as compared with a compliance-led approach, AI, of course, and board s
Insuring AI - EP1: Liability for AI harms
We are delighted to launch our new podcast series, Insuring AI, which explores the broad range of questions that AI is throwing up for the insurance world.
In this first episode, we discuss the legal statement on liability for AI harms published by the UK Jurisdiction Taskforce (UKJT) in July 2026 and its implications for insurance liability claims. The statement seeks to address in what circums
Legal Tech Deciphered Trust, Truth and Hallucinations: The Misdiagnosis Effect
In this episode, we unpack the growing "Misdiagnosis Effect" in the age of GenAI, where organisations often focus on the technology they think they need rather than the problem they are trying to solve.
Casey Ballard (Head of Strategic Applications, UK, US & EMEA), Suzanne Cowan (Head of Corporate & Construction, UK & EMEA) and Uchi Jayawardhena (Head of Data Analytics) explore why successful tra
OJT S2E10: Directors' duties, class actions and the courts with Michael Pelly, Legal Writer
In this episode, partner Jason Betts speaks with Michael Pelly, legal reporter at Capital Brief and former legal affairs editor at the Australian Financial Review, about the key developments shaping corporate litigation in Australia.
They discuss the implications of the landmark ASIC v Star decision for directors' duties and corporate governance, the evolving landscape of shareholder class action
Investing in the UK for Chinese Speakers: EP10 Autonomous Vehicles in the UK
In this episode, we discuss the UK’s new legislative regime which governs the development and deployment of autonomous vehicles (AVs), and what Chinese OEMs and AV operators should know before bringing AV products or services to the UK. We unpack the key features of the Automated Vehicles Act 2024, covering authorisation, liability and insurance, marketing restrictions, safety requirements, and cy
Public M&A EP40: Takeover Panel consultation on miscellaneous changes to the UK Takeover Code
In this episode of our public M&A podcast series, we talk about the UK Takeover Panel's latest consultation (PCP 2026/1) on a series of miscellaneous changes to the Takeover Code. Proposals being consulted on include:
• when a voting agreement between a shareholder and the directors of a company will result in them being treated as acting in concert;
• a change to the def
Inside Employment, IR & Safety (Australia): The intersection of AI and consultation obligations
In this crossover episode of Inside Employment, Inside IR and Inside Safety, Drew Pearson is joined by Nerida Jessup and Jessica Light to discuss the growing intersection between AI adoption and employer consultation obligations.
The team explores when the introduction of AI and digital technologies may trigger industrial relations and work health and safety consultation requirements, the risks o
Deal Talk EP9: The Star Decision: Lessons for dealmakers
In this episode HSF Kramer M&A partners Rebecca Maslen-Stannage and Mia Harrison-Kelf unpack the Star Entertainment decision, one of the most closely watched director duty cases in recent years, and explore what it means for directors and executives navigating transactions.
The discussion covers the standard expected of directors when relying on management information, how to test and challenge i
The Employment Rights Act 2025: Changes to fire and rehire – key actions for employers
In this sixth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, focus on the changes to fire and rehire law due to come into force in January 2027. These reforms will make it significantly more difficult and expensive to force through changes to core terms of emplo
Deal Talk EP8: Private M&A in 2026: What the data tells us
In this episode of Defining Matters, partners Kam Jamshidi and Matt FitzGerald unpack the key findings from HSF Kramer’s exclusive Private M&A Dealmakers Report 2026, analysing approx. 60 private M&A transactions completed over the past year.
Key topics include:
• The return of billion-dollar deals
• Why bilateral deals are dominating sale processes
• MAC clauses and transaction certainty
• Re
Inside IR EP33: Negotiating skills for a challenging enterprise bargaining environment – Part 1
As enterprise bargaining becomes increasingly complex, many organisations are rethinking how they prepare for negotiations.
In part 1 of our latest episode of Inside IR, industrial relations partner Rohan Doyle and Melbourne Business School Professor Jennifer Overbeck explore the changing enterprise bargaining landscape, the shifting balance of bargaining power, the role of identity and trust in
Cross Examining Cyber EP26: Cross Examining Catherine Brenner and John Mullen (Part 1)
Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this podcast, we look to speak to individuals across the industry who are at the coalface of our cyber incident response.
In this particular series, we're taking a slightly different slant, we're going out and speaking to our top directors to talk about governance, how to be a good director during a
OJT S2 E9: Empirical insights and the case for reform with Prof. Dr Vince Morabito, Monash
In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone are joined by Professor Vince Morabito, one of Australia's leading empirical researchers on class actions.
Drawing on decades of data, Professor Morabito explores common misconceptions about the class action system, the factors driving filing rates, and the impact of Victoria's group costs order regime.
He also discu
Deal Talk EP7: Standstills, strategy and Takeovers Panel scrutiny
In this episode of Defining Matters, partners Kam Jamshidi and Simon Walker unpack one of the most important and frequently negotiated provisions in public M&A transactions: standstills.
Using notable Takeovers Panel decisions, including Diatreme/Metallica and International All Sports, Kam and Simon explore the commercial and legal tensions that arise between bidders seeking flexibility and targe
FSR Brief EP13: Alternative routes to resolution
The ways in which regulators respond when things go wrong is continuing to evolve. In this episode of the FSR Brief, Jon Ford, Michael Tan and Eva Barbosa discuss the Financial Conduct Authority's ("FCA") Enforcement Watch 2, including consumer duty investigations and the continued use of assertive supervision alongside/ in lieu of enforcement, the Financial Reporting Council's ("FRC") changes to
Investing in the UK for Chinese Speakers: EP9 Joint-venture disputes
Disputes arising out of construction and infrastructure joint-venture projects
This podcast explores the rising complexity of disputes in infrastructure joint ventures and the key issues that drive them. With large-scale, long-term projects bringing together multiple parties, the potential for disagreement is inherent. In this episode, we discuss: 1) why infrastructure joint ventures are particul
On Just Terms S2 E8: Securing Corporate Australia with Hamish Hansford, Head of National Security
In this episode of On Just Terms, Jason Betts and Melissa Gladstone are joined by Hamish Hansford, Head of National Security at the Department of Home Affairs and Australia's Commonwealth Counter-Terrorism Coordinator, for a discussion on the evolving national security landscape and its implications for Australian organisations.
Hamish discusses Australia's Cyber Security Strategy, mandatory rans
Inside Employment & Safety (Australia): The shifting regulatory environment facing employers
In this special crossover episode of Inside Employment and Inside Safety, Steve Bell, Tony Wood and Lucy Boyd explore the increasingly complex regulatory landscape facing Australian employers and the growing scrutiny from workplace, safety and human rights regulators.
Steve, Tony and Lucy discuss the rise in regulatory investigations and enforcement activity, the challenges employers face when re
Legal Tech Deciphered EP3: Innovation and defensibility
In this episode, we explore how GenAI is being integrated into real-world document review, and why hybrid approaches are fast becoming the standard.
Stephanie Barrett (Director, Legal Technology), together with Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Craig Glover (Head of Disputes, Digital Legal Delivery), unpack how GenAI and technology-assisted review (TAR) work best i
CRTea EP8: Recent Developments in UK Consumer Protection Law
Recent Developments in UK Consumer Protection Law: The CMA's First Investigations Under the New Regime
Since our last podcast in July 2025, which covered the key features of the UK's enhanced consumer protection regime introduced under the Digital Markets, Competition and Consumers Act, there have been significant developments including a number of investigations and final infringement decisions
Cross Examining Cyber EP25: Cross Examining Anne Templeman-Jones
After our brief hiatus, we are back with our Cross-Examining Cyber Director Series. In this series, we sit down with some of Australia's leading directors to discuss the challenges and opportunities facing boards in an increasingly complex cyber landscape.
In this episode, we cross-examine Anne Templeman-Jones, one of Australia's most accomplished business leaders and non-executive directors. An
The Third Wheel (ESG Australia) EP51: ASIC observations and lessons for future climate reporting
In Part 2 of our climate reporting series, we build on the themes from Episode 50 and shift the focus to what comes next.
As the first wave of disclosures has wrapped up, attention has turned to the next climate reporting cycles - particularly for June and September year-end companies. The question now is: what lessons can organisations take forward?
In this episode, we unpack key takeaways fro
The Third Wheel (ESG Australia) EP50: Looking back at the first wave of climate reporting
Welcome back to The Third Wheel. In this episode, we turn our attention to one of the new features of the annual reporting landscape: mandatory climate disclosures.
With the first wave of reporting now completed, we thought it was the perfect moment to pause and reflect. What’s working well? Where are organisations still finding their footing? And what challenges are starting to surface?
This ep
Inside Employment (Australia) EP7: Employment Class Actions
In this episode of Inside Employment, Natalie Gaspar and Lucy Boyd are joined by HSF Kramer Disputes Partner, Melissa Gladstone to explore the rise of employment class actions in Australia and why they have become one of the fastest-growing litigation risks for employers.
Natalie, Lucy and Melissa discuss the factors driving this trend, how employment class actions differ from traditional workpl
Deal Talk EP6: The cost of disclosure: what the Dexus case means for dealmakers
In this episode of Deal Talk, partners Kam Jamshidi and Nicole Pedler examine the Dexus vs Australia Pacific Airports Corporation litigation, which has firmly brought into focus how divesting parties manage confidentiality obligations in a sale process.
Analysing the key lessons from Justice Hammerschlag's judgment in the NSW Supreme Court, Kam and Nicole work through the key issues arising from
On Just Terms S2 E7: Reform priorities and future decisions with Dr Peter Cashman
In this episode of On Just Terms, partners Jason Betts and Melissa Gladstone sit down with Dr Peter Cashman, adjunct professor at UNSW and leading barrister, to discuss the evolution of Australia’s class action regime.
Drawing on decades of experience, Dr Cashman reflects on its role in improving corporate governance, product safety and access to justice, while addressing ongoing challenges arou
Legal Tech Deciphered Trust, Truth and Hallucinations EP2: eDiscovery in 2026
In this episode, we step back from our case study (covered in Episode 1 Parts One and Two) to address a key question: how does GenAI compare to technology-assisted review (TAR)?
David Beck (Head of eDiscovery UK & EMEA), Meghan Ryan (Senior Manager, eDiscovery) and Danbee Kim (Head of Digital Legal, US) cut through the hype to explore how these technologies work in practice. They examine why TAR
Cross-examining AI: Use of AI by public authorities and key IP issues
This is the third episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments that are shaping litigation. In this episode we look at the use of AI by public bodies following a recent judgment on the lawfulness of the Metropolitan Police’s live facial recognition technology, as well as discussing some of the key IP issues that AI developers
Public Law Podcast EP25: July wrap up of key developments
In this July wrap up edition of the public law podcast, Jasveer Randhawa is joined by HSF Kramer partners Nusrat Zar and James Wood. They start with an update on ECHR and proportionality, examining recent developments in A1P1 property rights, following the decisions in Dana Astra and BYL. The discussion then turns to practical takeaways for those advising on contentious regulatory matters, includi
Investing in the UK for Chinese Speakers: EP8 Dawn Raids
This podcast focuses on dawn raids and how businesses can prepare for and respond to them. Dawn raids are unannounced inspections carried out by regulatory and investigative authorities to gather evidence of suspected legal breaches. In this episode, we discuss: 1) what dawn raids are and the authorities that conduct them; 2) recent trends in dawn raid activity, including the growing challenges po
Employment Espresso Pods: The Employment Rights Act 2025: Changes to workplace harassment laws
Changes to workplace harassment laws – steps employers should take to prepare
In this fifth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, focus on the changes to the law on harassment due to come into force in October 2026. These reforms extend the new preve
On Just Terms S2 E6: Boards at the crossroads with Mark Rigotti Managing Director & CEO, AICD
In this episode of On Just Terms, HSF Kramer partners Cameron Hanson and Tania Gray speak with Mark Rigotti, Managing Director and CEO of the Australian Institute of Company Directors, about the evolving governance landscape.
The discussion explores governing culture beyond compliance, the growing influence of AI in the boardroom, and the impact of private capital on transparency, accountability
Commercial Litigation EP38: General update
This is the 38th episode of our series of commercial litigation update podcasts. In this episode we discuss privilege, including a recent case on privilege and litigation funding, disclosure, court organisation, and the question of when a third party's fraud will break the chain of causation. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is jo
Legal Tech Deciphered Trust, Truth and Hallucinations: EP1, Part 2 Gen AI in Legal Practice
In this follow-on episode, Caoimhe Powell (Director, Disputes - Digital Legal Delivery) and Ariel Wiebe (Associate, Disputes) focus on one of the most critical aspects of applying GenAI in legal review: prompting.
Building on a live High Court disclosure exercise, they explore how prompt design directly shapes the quality, consistency and defensibility of outcomes—framing prompting as a core leg
Talking Shop EP21: Break-ups, Matchmaking & What Comes Next in Consumer M&A
In this episode Andrew Rich, Nanda Lau, Sophie Thompson and Adi Herman explore the evolving global landscape of consumer M&A, where strategic break-ups, portfolio optimisation and sharper deal “matchmaking” are reshaping the market. Drawing on insights from the Global M&A Report 2026: Consumer Sector, they examine key trends playing out across regions, from shifting capital flows and buyer appetit
Legal Tech Deciphered Trust, Truth and Hallucinations: EP1 Gen AI in Legal Practice - a case study
Partners Lyn Harris (Digital Legal Delivery) and Ajay Malhotra (Disputes) move beyond the hype to examine a live English High Court litigation matter, where Relativity aiR for Review was used to support first-level document review.
They explore how the technology was applied in practice, the governance and human oversight underpinning defensibility, and the key lessons from deploying GenAI at s
Inside IR EP32: Enterprise agreements, disputes and the status quo – complexity for employers
In this episode of Inside IR, Rohan Doyle and Mitchell Brennan use the recent Full Federal Court decision in AMWU v Opal Packaging Australia (May 2026) to explore the real-world implications of complexity in enterprise agreements. With four decision-makers across three forums arriving at four different interpretations of a relatively common status quo clause, the case is a stark illustration of en
Banking Litigation Podcast EP60: Monthly Update – May/June 2026
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 Elina Kyselchuk.
Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Elina Kyselchuk (Assoc
Employment Espresso Pods: The Employment Rights Act 2025 Unfair dismissal from January 2027
Unfair dismissal from January 2027 – what employers need to do now
In this fourth episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, turn to one of the most significant changes - certainly the most controversial in terms of its progress through parliament - the Unf
OJT S2 E5: Fair, Orderly and Transparent with Lucinda McCann Group Executive ASX Supervision
In this episode of On Just Terms, Jason Betts and Harry Edwards are joined by Lucinda McCann, Group Executive, ASX Supervision, for a candid conversation on the organisation’s approach to its supervisory and enforcement responsibilities.
Lucinda discusses ASX's shift to risk-based supervision, effective engagement during its inquiries, continuous disclosure obligations, trading halts, and its re
Commercial Litigation EP37: Special edition - Force majeure
This is the 37th episode of our series of commercial litigation update podcasts, which is a special edition focusing on force majeure. As well as outlining the legal landscape for force majeure under English law, it gives practical guidance on both drafting force majeure clauses and dealing with force majeure scenarios. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercia
Deal Talk EP5: The rules of the game in Financial Services M&A
In this episode of Deal Talk, partners Kam Jamshidi and Andrew Bradley explore the opportunities for M&A in the Australian financial services sector.
Sharing insights from their recent experience advising on the sale of Insignia Financial, Andrew and Kam work through the key issues facing dealmakers in this sector, including:
- The themes driving financial services M&A and private equity intere
Deal Talk EP4: The Star Decision - Lessons for Directors (Part 2)
In this follow-up episode to Part 1: The Star Decision - Lessons for Directors, HSF Kramer Chair and Senior Partner Rebecca Maslen-Stannage and Head Office Advisory Partner Carolyn Pugsley, turn to the broader governance lessons from the Star decision — including Justice Lee's pointed observations on AI in the boardroom, the growing impracticality of modern board papers, and the role of general co
Deal Talk EP3: The Star Decision - Lessons for Directors (Part 1)
HSF Kramer Chair and Senior Partner Rebecca Maslen-Stannage and Head Office Advisory Partner Carolyn Pugsley, unpack the Federal Court's landmark decision and draw out practical takeaways for NEDs in this two-part podcast series.
In this episode, they discuss the facts and basis of ASIC's allegations, as well as the key outcomes and contributing management and board dynamics (drawing contrasts to
Deal Talk EP2: Episode 2: Analysing NBIOs in Australian Public M&A
In Episode 2 of Deal Talk, partners Kam Jamshidi and Nicole Pedler explore what the 2025 NBIO market reveals for bidders and targets in Australian public M&A.
HSF Kramer has deeply analysed non binding indicative offers in public deals to extract the key lessons for bidders and targets when formulating their M&A strategy. Drawing on this proprietary data, the episode examines when NBIOs most comm
Investigate 360: EP15 Export Controls and Sanctions in Defence: Practical Insights Across Australia and the US
Investigate 360: EP15 Export Controls and Sanctions in Defence: Practical Insights Across Australia and the US by Herbert Smith Freehills Kramer Podcasts
On Just Terms S2 E4 In the Public Interest with The Honourable Michelle Rowland MP, Attorney-General of Australia
In the latest episode of On Just Terms, HSF Kramer partners Jason Betts and Rebecca Maslen-Stannage are joined by The Honourable Michelle Rowland MP, Attorney-General of Australia, for a wide-ranging discussion on the government's legal priorities.
The Attorney-General shares insights on Privacy Act reform, the government's position on copyright and AI and why there is no text and data mining ex
Tax Bites EP22: 2026 Federal Budget
2026 Federal Budget - CGT Discount Replaced, Negative Gearing Curtailed, and Discretionary Trusts Hit with Minimum Tax
Late on Budget night Toby Eggleston, Ryan Leslie and Nick Heggart discuss Treasurer Chalmers’ budget, focused on reshaping personal tax, especially capital gains and discretionary trusts, under “intergenerational equity.”
Corporate measures are smaller, including re-announced n
Investing in the UK for Chinese Speakers: EP7 Trends in global pharma M&A
This podcast focuses on the pharmaceutical industry and, in particular, M&A activity in the sector and the recent surge in licensing deals involving Chinese biotechs. There are a lot of interesting topics related to the pharmaceutical sector which we could discuss but today we will be covering the following: 1) First, we will begin with an overview of M&A deal activity in the sector; 2) we will th
FSR Brief EP12: PRA Enforcement in action
It has been a busy time for the Prudential Regulation Authority ("PRA") Enforcement team. In two firsts for the PRA, its decision against U K Insurance Ltd saw the first reported use of the Early Account Scheme leading to a settlement discount of 50%, and the decision against Bank of London Group Limited and Oplyse Holdings Limited involved the first breach of Fundamental Rule 1 by a firm. In this
Cross examining AI: AI developments in the US and AI in international arbitration
This is the second episode of "Cross-examining AI", HSF Kramer's podcast series on disputes and AI where we unpack the key developments in AI that are shaping litigation. In this episode we give an update on privilege and AI in the US, find out why not to use ChatGPT to develop a corporate strategy, and finally discuss how AI is being used in the world of international arbitration. This episode is
On Just Terms S2 E3: The Future of Legal Finance with Stuart Price, CEO of CASL – Part 2
In this episode of On Just Terms, Jason Betts and Melissa Gladstone continue their conversation with Stuart Price, CEO of CASL, focusing on the practical realities of litigation funding.
The discussion examines how funders balance commercial returns with fairness to group members, manage competing stakeholder interests, and respond to evolving market dynamics, including contingency fees, legal f
Banking Litigation Podcast EP59: Monthly Update – March/April 2026
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 Frances Furnivall.
Speakers: John Corrie (Partner), Ceri Morgan (Knowledge Counsel), Frances Furnivall (Se
Commercial Litigation EP36: General update
This is the 36th episode of our series of commercial litigation update podcasts. In this episode we discuss class actions, AI, a number of privilege cases including one of the most important decisions in that area in the past few years, and an interesting decision on service of proceedings. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is join
On Just Terms S2 E2: Inside Litigation Funding with Stuart Price CEO & Co-founder of CASL – Part 1
In this episode of On Just Terms, Jason Betts and Melissa Gladstone speak with Stuart Price, CEO of CASL, about the role litigation funding plays in Australia’s corporate risk landscape.
The conversation explores how funders assess and select cases, the legal and commercial factors that influence funding decisions, and what these dynamics mean for companies facing complex litigation. Stuart also
Cross Examining Cyber EP24: Cross Examining David Moffatt
Welcome to Cross Examining Cyber, a podcast brought to you by Herbert Smith Freehills Kramer. In this podcast series, we speak to our business leaders about all things cyber, including the legal, governance, technical, regulatory and policy developments that impact corporates around the world.
I'm really excited to announce that this is the first of our Cross-Examining Cyber Director Series.
F
Tax Bites EP21: Exposure Draft Shock: Expanded Non Resident CGT on Land-Connected Assets
Partners Toby Eggleston, Nick Heggart and Ryan Leslie discuss Treasury’s 10 April 2026 exposure draft legislation implementing and expanding the 2024 budget proposals on when non-residents pay Australian CGT. The draft materially broadens “taxable Australian real property” beyond general law real property (post the YTL and Newmont decisions) to include rights over land, contractual rights, and fix
Employment Espresso Pods: The Employment Rights Act 2025: Union Rights
The Employment Rights Act 2025: Union Rights – what employers need to know
In this third episode of the Employment Espresso Pods mini-series on the Employment Rights Act 2025, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, turn to the significant reforms being made to trade union rights — changes that matter to all employers, whether or not they
Inside Safety (Australia) EP5: The cost of reputation
In this episode of Inside Safety, Steve Bell is joined by Shane Allison, CEO of Phronesis, to explore the real cost of reputational damage for organisations. Drawing on original research into ASX 200 reputation incidents, they unpack what defines a reputational crisis, why many are foreseeable, and which issues cause the greatest and most lasting harm. From executive misconduct and employee class
Investigate 360: EP14 Australian Government passes new hate crime legislation
Following the Australian Government’s new federal hate crimes legislation that commenced in January 2026, HSF Kramer Partners Jacqui Wootton and Alice Molan and Solicitor Shaun Milligan unpack the new offences relating to “prohibited hate groups”, including what the recklessness standard means in practice for corporates, particularly across procurement, supply chains and corporate groups. We also
Investigate 360 EP13: Corporate Crime 360: A practical guide to key APAC trends for 2026
In this special bonus episode, we share a recording from a recent client webinar exploring the major corporate crime trends shaping the APAC region in 2026. Drawing on the firm’s newly launched Corporate Crime 360 Guide, HSF Kramer APAC partners Kyle Wombolt, Jacqui Wootton and Leon Chung break down the critical regulatory, enforcement and risk developments businesses should have firmly on their r
Inside Employment (Australia): EP6: Understanding the complexity of executive and CEO separations
In this episode, Employment Partner Tony Wood and Executive Counsel Lucy Boyd are joined by HSF Kramer partner (and Corporate law icon), Priscilla Bryans. The team unpack what really happens behind the AFR headlines and discuss an array of issues, starting with the recent data showing a spate of CEO turnovers from both Australia and the US.
Tony, Lucy and Priscilla also discuss:
• Why successi
Inside IR (Australian Industrial Relations) EP31: Collective Bargaining Under Pressure
EP31: Collective Bargaining Under Pressure: Wages, Inflation, and the Fight for Fair but Sustainable Wages
In this episode of Inside IR, Rohan Doyle and Natalie Gaspar explore the growing pressure on enterprise bargaining wage negotiations as we see unions pressing for wage increases that outpace the rising cost of living in the face of inflation and interest rate increases, at a time when employ
FSR Brief EP11: Breach of Principle 1
Breach of Principle 1 – Banque Havilland vicariously liable for senior employees’ lack of integrity
On 3 February 2026, the Upper Tribunal handed down its judgment finding, among other things, that Banque Havilland had breached Principle 1 of the FCA’s Principles for Businesses (the requirement to conduct business with integrity), on the basis that the firm was vicariously liable for the actions
Tax Bites EP20: Taxation of Earnouts and Contingent Consideration in M&A
Toby Eggleston and Naison Seery discuss Australian tax treatment of earnouts and contingent consideration in M&A, noting increased use to bridge valuation gaps and that outcomes depend on TOFA, deal terms, metrics and payment timing, with ATO views still being tested. They outline the ATO’s shifting historical positions on whether earnout rights are separate CGT assets, buyer cost base treatment,
