Herbert Smith Freehills Kramer Podcasts

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, including the High Court’s refusal of permission to challenge a late application in Intelligent Land Investments Group, and the evidential threshold required when seeking to restrain the publication of public authority decisions in Euro Car Parks Ltd and South East Water. They also examine the courts’ evolving approach where regulators overstep, as illustrated by R (University of Sussex) v Office for Students, alongside recent High Court guidance on the correct test to be applied in energy price control appeals. To conclude, they flag the Divisional Court's decision on the lawfulness of facial recognition technology and the useful lessons it holds for the future use of AI by public authorities. Speakers: Jasveer Randhawa (Knowledge Counsel), Nusrat Zar (Partner), and James Wood (Partner).

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 posed by electronic data and hybrid working; and 3) the key steps companies and employees should take before, during and after a dawn raid to ensure compliance and protect their legal position.Speakers: Dawen Gao, Tianxin Sun  这一期我们将重点讨论黎明突袭（Dawn Raids）以及企业应如何应对此类调查。黎明突袭是监管机构或执法机关为调查涉嫌违法违规行为而开展的未经预先通知的现场检查。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将介绍什么是黎明突袭，以及哪些监管和执法机构有权开展此类检查；2）其次，我们将探讨近年来黎明突袭的发展趋势，包括电子数据管理和远程办公模式带来的新挑战；3）最后，我们将分享企业和员工在黎明突袭前、黎明突袭期间及结束后应采取的关键应对措施，以确保合规并维护自身合法权益。Speakers: 高达文，孙田心

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 preventative duty first introduced in October 2024, turning it into a duty to take "all reasonable steps" to prevent sexual harassment, and also create the potential for employees to bring claims against their employer in relation to any type of unlawful harassment by a third party. We discuss the steps employers in different sectors should take now to minimise the risk of claims. The Equality and Human Rights Commission's technical guidance dated 2024 referred to in the podcast is available here: https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance; the Commission's latest research is here: https://www.equalityhumanrights.com/our-work/our-research/our-research-workplace-harassment.

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 and board priorities. A timely conversation for directors, executives and advisers navigating change in an increasingly complex environment.

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 joined by Angela Liu and David Shepherd, two senior associates in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast.High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communicationsDisclosure Review Working Group considering simplification of PD 57AD disclosure regime following surveyCreation of new Business and Property Division of the High Court announcedCourt of Appeal holds fraudsters' intervention broke chain of causationLitigation funding and privilege: High Court finds litigation privilege does not apply to communications prepared to enable funders to assess whether to support a claimSee podcast episode transcript here.

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 appetite to the growing focus on agility and scale and what these dynamics mean for businesses navigating transactions worldwide. 

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 legal skill grounded in judgment.  The discussion highlights the iterative nature of prompting in practice, from testing and validation through to refinement at scale, and the importance of lawyer oversight in translating legal reasoning into clear, consistent criteria.

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 scale in a high-stakes dispute.

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 enterprise agreement complexity, and how status quo clauses can be a source of competitive advantage for employers, potentially stalling workplace change for lengthy periods. Rohan and Mitchell unpack the practical risks of broadly drafted dispute resolution and status quo provisions and offer guidance for employers on simplifying these clauses and using the bargaining table - not the courtroom - to achieve clarity. A must-listen for employers, HR and IR professionals grappling with complex legacy enterprise agreement drafting in an environment that demands greater clarity and agility.

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 referrals of matters to ASIC. She also explores the impact of the securities class actions market on its work and how AI may support the ASX’s work. A practical discussion for those advising or working in Australia’s listed markets.

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 commercial litigation team, who is joined by Julian Copeman, a disputes partner, and Richard Mendoza, an of counsel in our disputes team. They are also two of the editors of a recently published book on Force Majeure: Force Majeure - An International Comparative Analysis. Below you can find links to our blog posts on some of the developments and cases covered in this podcast, and previous materials published on force majeure. • Force majeure: general assertions as to impact of Covid-19 and Brexit not sufficient to defeat summary judgment application https://www.hsfkramer.com/notes/litigation/2023-05/force-majeure-general-assertions-as-to-impact-of-covid-19-and-brexit-not-sufficient-to-defeat-summary-judgment-application • High Court decision considers force majeure and sanctions issues https://www.hsfkramer.com/notes/litigation/2024-01/high-court-decision-considers-force-majeure-and-sanctions-issues • Force majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performance https://www.hsfkramer.com/notes/litigation/2024-05/force-majeure-supreme-court-finds-no-obligation-on-party-seeking-to-rely-on-force-majeure-clause-to-accept-counterpartys-offer-of-non-contractual-performance • Global trade tariffs: Impact on contractual arrangements https://www.hsfkramer.com/notes/litigation/2025-04/global-trade-tariffs-impact-on-contractual-arrangements • When events intervene: Force majeure, frustration and material adverse change https://www.hsfkramer.com/notes/litigation/2020-10/when-events-intervene-force-majeure-frustration-and-material-adverse-change • 'A board-level issue': the resurgence of force majeure - The Global Legal Post https://www.globallegalpost.com/news/a-board-level-issue-the-resurgence-of-force-majeure-132016115 See podcast episode transcript here: https://marketing.hsfkramer.com/20/36058/landing-pages/commercial-litigation-podcast-ep37-transcript.pdf

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 interestHow the sector has changed in the years since the Royal CommissionASIC's enforcement focus and why regulatory pressure is an opportunity, not just a threatThe Shield and First Guardian situation and what it means for the broader ecosystemLegacy technology stacks and the opportunity for international buyers to add value; andThe differences in working with APRA and FIRB to get a deal over the lineImportant listening for private equity sponsors and strategic acquirers considering the Australian financial services sector.

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 counsel and company secretaries. A must-listen for boards and governance professionals navigating the evolving duties landscape in Australia.

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 other seminal directors' duties cases such as the Centro decision).In episode two, the discussion turns 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 counsel and company secretaries. This is a must-listen for NEDS navigating the evolving duties landscape in Australia.

Export controls and sanctions risk are now a day-to-day issue across the Defence ecosystem - from primes and OEMs to technology and dual use innovators, defence infrastructure contractors and defence focused investors - particularly where programs involve US origin technology, third country collaboration or dual use components.In this special podcast episode, we share a recent client webinar were partners Leon Chung, Peter Jones and Jonathan Cross explore the export controls issues most likely to arise across Defence procurement, contracting, investment and cross border delivery. The discussion includes a targeted US perspective on ITAR and EAR, with practical insights on managing common pressure points in project timelines and global supply chains. The team also briefly touches on FIRB, highlighting where it can intersect with export controls in Defence transactions and programs, and what teams should be alert to at an early stage.

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 commonly emerge and what that means for listed companies facing major announcements, leadership changes and other market moving events.Kam and Nicole work through the 2025 NBIO landscape, covering:success ratesdisclosure practices and timingengagement periodsprivate equity dynamicspre bid stakesrecent Takeovers Panel developmentsA practical discussion for boards, management teams and advisers preparing for, advising on or responding to a potential public M&A approach.

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 exception, scams and consumer protection, class actions and access to justice, and the critical importance of effective enforcement capability. This is a substantive discussion on the role of law in serving the public interest, and what lies ahead on Australia's legal agenda.

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 hosted by Camilla Macpherson, a knowledge lawyer in our disputes team. Camilla is joined by Alan R. Friedman, a counsel in our New York disputes team, Nick Tonckens, an associate in our New York disputes team and Liz Kantor, a knowledge counsel in our global arbitration team.Below you can find links to our blog posts on the developments and cases covered in this podcast.Civil Justice Council publishes consultation on use of AI for preparing court documentsNew York court finds client chats with generative AI tool Claude are not privilegedUS courts find privilege applies to use of public AI tools by self-represented litigantsDelaware Court of Chancery reinstates seller CEO and extends earnout payment window, as buyer’s ChatGPT strategy failsAI-volution in Arbitration: the new Chartered Institute of Arbitrators (CIArb) Guidelines

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 finance models and emerging technologies shaping the future of complex litigation.

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 shares insights into how risk appetite, case selection, and regulatory settings continue to shape the evolving litigation funding market.

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. For the next six months, we will speak to some of our leading directors, including David Gonski, Anne Templeman-Jones, John Mullen, Catherine Brenner, just to name a few. Today's the first in our series, and today we cross-examine David Moffatt. David has over 40 years' experience in executive leadership positions. He's worked and lived almost everywhere, Australia, the US, Europe and Asia. He's currently the chair of Ventia Services Group, Environmental Remediation and Social Services and Apollo Global Management. David is also the chair of the American Chamber of Commerce here in Australia. David has first-hand experience dealing with a cyber incident as part of his role at Ventia. His insights are not only considered but come from direct experience. Thanks again for listening. This is Cross Examining David Moffatt, the first in our Director Series. Here we go.

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 currently recognise a union. The episode covers the changes to industrial action law already in force since February 2026, as well as further changes expected in the autumn. The team also examines the reformed statutory recognition process, with lower thresholds making it significantly easier for unions to win recognition. Looking ahead to October 2026, they discuss the new obligation to inform workers of their right to join a trade union, and the landmark new right of trade unions to access workplaces — physically and digitally — to meet, recruit and organise, without needing to demonstrate any existing membership in the business. The episode closes with seven practical action points to help employers — unionised and non-unionised alike — get ahead of these changes before the October deadline.

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 actions to governance and psychosocial risk, this episode offers practical insights for safety, legal and risk professionals looking to better anticipate and manage reputation risk.

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 radar over the year ahead. 

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 explore proposed changes to the AML/CTF Rules and the practical steps reporting entities can take now to identify, escalate and manage prohibited hate group risk alongside other serious financial crime risks.

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 succession planning is so important, and why it takes so much timeThe impact on the cap on termination benefits under the Corporations ActHow STI and LTI incentives are a key issue in executive separations and why there is more interest than ever from shareholder activists and proxy advisorsThe greater accountability of executives for misconduct and behavioural issues, coupled with the plethora of laws regulating bullying and whistleblowingThe changing composition of Boards and why the critical mass of female non-executive directors is changing the leadership culture of big business

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 employers are under immense pressure to reduce costs. Natalie and Rohan examine why productivity has become central to achieving sustainable wage outcomes, and discuss some of the other key developments driving up wage costs, including same job, same pay orders, and expanding enterprise agreement coverage. A timely and practical discussion for employers, HR and IR professionals navigating a highly charged bargaining environment.

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 of its senior employees. In Episode 11 of the FSR Brief, Jon Ford, Kate Meakin and Izzy Salzedo discuss the Upper Tribunal’s exploration of vicarious liability and agency law as a novel route to establishing a breach of Principle 1, and consider questions of liability and attribution from both a corporate crime and financial services regulatory perspective. The discussion also touches on the Upper Tribunal’s more generous approach to penalty and mitigation when compared with the FCA’s decision.For further background read our blog post.

In the first episode of Deal Talk, our partners, Mia Harrison-Kelf, Geoff Kerrigan and Li-Lian Yeo discuss the key findings from our latest Global M&A Outlook.The episode reflects on the defining features of the 2025 deal market and explores what they mean for M&A activity in Australia and globally in 2026. Including deal volumes, valuation dynamics, regulatory scrutiny and execution risk. A practical discussion for anyone involved in planning, approving or delivering transactions.

Season 2 Episode 1: From Compliance to Capability: AUSTRAC’s Expectations for Corporate AustraliaIn this episode of On Just Terms, Herbert Smith Freehills Kramer disputes partners Jason Betts and Bryony Adams speak with Brendan Thomas, CEO of AUSTRAC, about the evolving financial crime risk landscape facing corporate Australia.Over the course of their discussion, Mr Thomas shares a number of invaluable insights about AUSTRAC’s expectations about the ways in which companies manage financial crime risk, with a particular focus on common mistakes and what ‘good’ looks like. This is a ‘must listen’ for any directors and executives at companies whose services are caught by Australian anti-money laundering laws but will also be of interest more generally to anyone with an interest in the governance and oversight of non-financial risk.

Liz Kantor and Vanessa Naish, co‑editors of Inside Arbitration for the past decade and hosts of the Inside Arbitration podcast series, present a special anniversary edition marking ten years of this flagship publication.They are joined by our Global Co‑Heads of Arbitration, Andrew Cannon and Simon Chapman KC, for a thoughtful and wide‑ranging discussion reflecting on a decade of change and development within the arbitration landscape.In this commemorative episode, Liz and Vanessa speak with Andrew and Simon about the origins of Inside Arbitration, the major trends that have shaped international arbitration over the last ten years, and the developments set to influence its future trajectory. From procedural innovation and increasing regionalisation to the growing impact of geopolitics, ESG considerations, and the evolution of investment treaty arbitration, the conversation provides a candid and compelling insight into how the practice has progressed and where it is heading next.Listeners can also look forward to an energetic quick‑fire round to close the episode, during which Simon and Andrew offer rapid, practical insights on seats, sectors, strategy, drafting pitfalls, and career advice for aspiring practitioners.

A new season of Employment Espresso Pods will cover the extensive employment law reforms being made by the Employment Rights Act 2025.  In this first of a two-parter on the April 2026 changes, Jenny Andrews and Sian McKinley, both Of Counsel, together with Knowledge Counsel Anna Henderson, discuss the changes to statutory sick pay, family leave and whistleblowing.  Further changes are covered in Part 2, along with a list of key action-points for HR.

Sustainability pressures in banking are intensifying — even as ESG faces global pushback.In this episode, Heike Schmitz sits down with Ed Woolcock, Co‑Head of Energy Transition and Sustainability at Marsh Risk Consulting, to unpack why ESG‑related challenges continue to escalate across the banking sector.Drawing on insights from the Global Bank Review 2025, they explore how modern banks are navigating an operating environment defined by persistent complexity. From geopolitical fragmentation to rapid technological change and evolving workforce expectations, financial institutions increasingly find themselves at the centre of conflicting demands.A key theme of the discussion is how companies — and by extension, their banks — are being squeezed between diverging geopolitical priorities and mounting sustainability‑related risks. Ed and Heike examine the crucial role regulation may play in helping organisations manage these pressures, and why early recognition of sustainability‑driven risk trends is becoming a critical success factor for banks.The episode also connects to a wider article series produced by colleagues globally, which outlines why sustainability has shifted from a compliance exercise to a strategic imperative for banking operations.Read the full HSF Kramer article:https://www.hsfkramer.com/insights/reports/2025/global-bank-review-2025/embedding-sustainability-into-banking-operationsRead the Marsh report here: Prepare for the Future of ISSB Sustainability Reporting | MarshSpeakers: Heike Schmitz, Partner & Co Head of ESG EMEA at HSF KramerEd Woolcock, Co-Head Energy Transition & Sustainability of Marsh Risk Consulting

Workplace change is accelerating—and so are psychosocial risks. In this episode of Inside IR, Natalie Gaspar and Nerida Jessup explore how rapid organisational change is reshaping industrial relations, safety obligations and regulatory expectations, and what employers can do to better manage psychosocial risk.Note: Since filming, the NSW Parliament passed the Work Health and Safety Amendment (Digital Work Systems) Bill 2026. The Digital Work Systems Bill introduces new duties on persons conducting a business or undertaking to the WHS Act concerning the use of ‘digital work systems’ and provides for expanded rights for WHS permit holders accessing a workplace.

What makes a great lawyer in a cyber incident response?This is a key question that I explored during part 2 of our podcast with Professor @Ciaran Martin, a world leading cyber thought leader.The questions challenged Ciaran but he answered it succinctly as “one do and one don’t”. The best incident leaders loosen control (the “do”), rather than tighten it (the “don't”). A damaging instinct in a crisis (often driven by impractical lawyering) is locking everything down and keeping help out for fear of liability. In practice, faster recovery usually comes from working openly with the broader cyber response community. Most people genuinely want to help.Here were my other favourite pieces of wisdom shared by Ciaran coming out of the discussion.The “pyramid of liability” has inverted. When something goes wrong, we still reach for the easiest explanation – i.e. “someone clicked the link”. That’s comforting, but it misses the point. Most incidents are really about upstream failures — poor software design, weak procurement choices, and a lack of accountability for vendors and platforms. Blaming frontline users (including our corporates) just ignores the real source.Transparency after an incident doesn’t destroy trust, but builds it. There’s a strong instinct (again, I'm sorry, but often driven by legal) to say as little as possible. But if you actually look at major incidents over time, the organisations that were sensibly open about what happened and what failed didn’t suffer lasting reputational or commercial damage. If anything, they earned goodwill — from regulators, peers and the broader ecosystem. The "what" are questions of fact and are often not protected by privilege anyway.Cyber planning breaks down when it obsesses over data and ignores continuity. There are numerous examples in the healthcare space. Legal duties pushed decision‑makers to prioritise protecting data over keeping life‑saving services running. That’s a structural flaw. In some crises, loss of service is far more harmful than loss of data — yet our frameworks don’t always reflect that.Along this line, operational outages are more dangerous than data breaches — and we’re not ready for them. When ports, airlines or hospitals go down, the economic and social impact is immediate and severe. These aren’t just “bigger data breaches”; they’re a different category of risk altogether. Australia hasn’t yet experienced one at scale, but when it does, the shock will be national. It's certainly my biggest fear.Ransomware only works if we treat threats as credible. Data extortion relies on panic and amplification. Australia’s experience shows that when institutions, media and law enforcement refuse to play along — and don’t amplify stolen data — attackers lose leverage, even if data technically leaks. The economics of the cyber criminal model collapse surprisingly quickly.There’s loads more in the full podcast (~20 minutes). Definitely worth a save and watching or listening on your commute to/from work. This is cross examining Professor Ciaran Martin – Part 2. Here we go…

In this episode of Insurance Bites, Greig Anderson, Partner, and Sarah Irons, Knowledge Counsel, from the Insurance & Professional Risks team, look at key developments impacting policyholders and the risks they face in the coming months.  Topics explored include cyber risks and AI, evolving liability exposures (including changes to product liability legislation, PFAS and what is new in climate change related litigation), developments relevant to D&O cover, Government proposals on captives and SME terrorism cover.Below you can find links to our blog posts on the developments and cases covered in this podcast:HSF Kramer AI Tracker – Tracking AI law and policy globallyUK government looks set to introduce ransomware payment ban and mandatory reportingMajor changes to UK Cyber Legislation: Cyber Security and Resilience Bill published in UK ParliamentUK Jurisdiction Taskforce consults on draft legal statement on liability for AI harmsUK Insurance Regulation: looking ahead to 2026Modernising the redress system: Fair and reasonable changes?Lliuya v. RWE – Landmark German ruling recognising potential liability in principle of a local emitter for climate change harms in a foreign jurisdictionMilieudefensie Takes Legal Action Against ING Over Climate ImpactHigh Court allows case to proceed against defendant companies domiciled in England despite claims having more real and substantial connection with BrazilPreliminary update in case regarding Shell responsibility for legacy oil pollution in NigeriaFCA advances next steps on non-financial misconductCapital markets – new UK prospectus regime in force from 19 January

In this episode, we are joined by Professor Ciaran Martin, one of the globe's leading cyber thought leaders. He is often called upon by Governments, Government agencies and the private sector alike. He is also currently taking a leading educational role, demystifying the cyber space. Ciaran was the former head of the National Cyber Security Centre in the UK and played a critical role supporting the Australian Government in the creation of the Cyber Security Strategy.Our discussion with Ciaran was so interesting that we have broken it into two. In this part 1, we talk about Ciaran's various roles and how he has become such an important voice in the cybersphere. We also talk about the impact of geopolitics on the cyber threat. We know you are going to enjoy this discussion. Here we go...

This is the 35th episode of our series of commercial litigation update podcasts. In this episode we discuss some recent developments on litigation funding, opt-opt competition class actions and jurisdiction clauses, an important Privy Council decision on the "awareness requirement" in the tort of deceit, and the UK Jurisdiction Taskforce's draft legal statement on liability for harm resulting from AI. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by John Corrie, a banking litigation partner, and Camilla Macpherson, a knowledge lawyer in our disputes team.Below you can find links to our blog posts on the developments and cases covered in this podcast.Public access to court documents: Commercial Court pilotGovernment to legislate for enforceability of litigation funding agreements based on a share of damagesSupreme Court reshapes UK competition class actions landscapeCommercial Court dismisses application for stay on basis of English jurisdiction clause and forum non conveniens waiver clausePrivy Council holds that there is no legal requirement in the tort of deceit to show that a claimant was consciously aware of the representation madeUK Jurisdiction Taskforce consults on draft legal statement on liability for AI harmsSee podcast episode transcript here.

Recorded on 26 November 2025As 2026 gets underway, join Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety. The team explores the key people‑related risks and opportunities facing employers, from payroll compliance and evolving WHS obligations to the impacts of AI, emerging technologies and organisational change, sharing practical insights to help businesses prepare for the year ahead.

In this episode, we explore the first crucial step in joining the HSF Kramer Solicitor Apprenticeship programme. Get insider tips on preparing your application, standing out in interviews, and what the firm looks for in prospective apprentices. Hear directly from our Early Careers Recruitment team and current apprentices about their experiences and advice to help you succeed from the start.

If you have just one podcast on your holiday listening list, this is it — our Cross Examining Cyber: 2025 Summer Wrapped Podcast Special. In this episode, we bring together highlights from the last 12 months. Pearls of wisdom from our various podcast guests including the National Cyber Security Coordinator, Lt Gen Michelle McGuinness, CyberCX’s Alistair MacGibbon, Karen Kukoda from Google Mandiant, CEO of the AICD Mark Rigotti, Tamir Maltz (Australia’s leading cyber injunction barrister), Bruce Tonkin (CEO of auDA) and our very own Carolyn Pugsley, Christine Wong and Peter Jones.This is Cross Examining Cyber’s 2025 Summer Wrapped Podcast Special. Here we go…

As 2025 draws to a close, join presenters Steve Bell, Rohan Doyle and Natalie Gaspar for a special combined episode of Inside Employment, IR and Safety, reflecting on the year that was. In this final episode for 2025, we unpack the key developments in Employment, IR and Safety that shaped workplaces this year, and share lessons learned and tips for employers.

In this episode, Steve Bell, Aaron Anderson and Olga Klimczak explore the evolving responsibilities of directors in managing workplace safety. The discussion covers critical hazards and controls, the impact of Queensland legislation, and the three pillars of managing critical risks effectively – diligence, governance, and reporting and transparency. Our hosts unpack how directors can maintain visibility over governance structures while meeting growing expectations for accountability.We also examine the role of regulators in workplace investigations and the challenges posed by the sheer volume and pace of regulatory change. Tune in to gain practical insights on strengthening governance frameworks and staying ahead in a rapidly shifting compliance landscape.

In the third episode of our 'Future of wealth management' podcast series, Barney Hinnigan, Marina Reason and Chris Hurn consider the FCA's findings from its multi-firm review of consolidation in the financial advice and wealth management sector. We also discuss the review findings in a related blogpost – see Wealth consolidation - FCA review findingsSpeakers: Barney Hinnigan, Partner, Corporate, Marina Reason, Partner, Financial Services Regulatory, Chris Hurn, Of Counsel, Financial Services Regulatory

In the second episode of our 'Future of wealth management' podcast series, Marina Reason and Aurell Taussig consider the impact of the Budget on the wealth management sector.Speakers: Marina Reason, Partner, Financial Services Regulation and Aurell Taussig, Partner, Tax

This is the 34th episode of our series of commercial litigation update podcasts. In this episode we discuss the upcoming pilot on public access to court documents, the new disclosure survey, and some important decisions on service of proceedings, termination of contracts, contractual interpretation and conditions precedent. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Farrell, a disputes partner, and Chris Cox, a senior associate in our disputes team.Below you can find links to our blog posts on the developments and cases covered in this podcast.UK Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026Disclosure Review Working Group seeks views on disclosure under PD 57ADCourt of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in timeCourt of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the rightCourt of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provisionCourt of Appeal overturns High Court’s interpretation of deferred consideration clauseSupreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach See podcast episode transcript here.

In this episode, we cross examine Dr Bruce Tonkin, Chief Executive Officer at auDA. Dr Tonkin is one of Australia’s true internet pioneers and has been at the forefront of the cyber security discourse in Australia for a number of decades. He is now the CEO at .au Domain Administration, the organisation endorsed by the Australian Government to manage the .au domain. We had a great conversation, talking about Bruce’s career journey (and the evolution of the internet here in Australia), the role of auDA and the importance of protection of the .au domain. You may be surprised how much we depend on auDA as part of our interconnected business community. We also talk to the effective role of a lawyer in a cyber incident. Bruce also shared some really interesting insights into the global domain space, including the unexpected economic benefits of having a country code like “tv” or “ai”. Fascinating! It was a privilege to speak with Bruce. Thanks again for listening. This is Cross Examining Dr Bruce Tonkin.  Here we go…

This podcast explores how ESG and energy challenges are being addressed in data centre design and development, with a focus on innovation during the AI boom.Speakers: Tim Healey - Partner, HSF Kramer, JP Attlee – Senior Associate,  HSF Kramer, Ben Worth, Senior Legal Counsel, Global Switch, Steven Parker – Solutions Engineering Director, Global Switch

The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here.Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer

In this podcast, we explore class actions procedures and trends in Australia, and what similarities and differences there are with England and Wales. The episode is hosted by Rachel Lidgate, a partner in our disputes team in London. She is joined by two disputes partners in our Australian offices who have extensive experience of dealing with class action litigation, Jason Betts and Aoife Xuereb.For a more in-depth analysis see Class actions radar: Australia, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks. See also our 2024 survey Rethinking risk: Inside Class Actions in Australia. This podcast is the second half of our mini-series looking at the class actions landscape in the US and Australia. The US episode is available here.