Herbert Smith Freehills Kramer Podcasts

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 negotiations, and practical strategies organisations can use to prepare for bargaining more effectively.

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 cyber crisis, and what it means to be a director in an everchanging digital world. In this episode, we are joined by Catherine Brenner and John Mullen, two of our most distinguished Chairs. We talk about good governance, what it takes to be a good chair during a crisis, whether we need deep cyber expertise on the board and first-hand experience in cyber incident response. The discussion was so good, we’ve divided it in two. Here’s Cross Examining Catherine Brenner and John Mullen (Part 1)…

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 discusses concerns about rising GCO rates, assesses whether access to justice objectives are being achieved, and shares his views on key areas for reform, including competing class actions, class closure mechanisms, and the potential role of a public litigation fund.

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 targets seeking protection.Key topics include:The role and purpose of standstills in public M&AHow bidders and targets approach key negotiating pointsThe importance of due diligence access and information-sharingWhat recent Takeovers Panel decisions mean for dealmakersWhy parties should not expect the Panel to rewrite a bargain once it has been struckA great discussion on the negotiation, strategy and risk considerations shaping today's public M&A transactions.

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 its Audit Enforcement Procedure to introduce new routes to resolution, including an Early Admissions Process, and the latest case brought by the Prudential Regulation Authority using the Early Account Scheme. They share insights into these different approaches and consider whether there may be learnings that could be shared across regulators. See here our blogs on the changes to the FRC's Audit Enforcement Procedure and the FCA's Enforcement Watch 2.

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 particularly prone to complex disputes, given their scale, duration, capital intensity and the interdependence of responsibilities; 2) the most common areas of contention, including funding and capital calls, governance and deadlock, exit and valuation, as well as downstream construction disputes involving scope changes, cost overruns and the relationship between JV entities and their participants; and 3) key takeaways for C-suite executives and lawyers.本期我们专注基础设施合资企业中日益复杂的争议问题及其主要成因。大型、长期的基础设施项目汇集了多方参与者，分歧的产生在所难免。在本期节目中，我们将围绕以下三个方面展开讨论：1）首先，我们将分析为何基础设施合资企业特别容易引发复杂争议，包括项目规模大、周期长、资本密集以及各方责任高度交织等因素 ；2）其次，我们将探讨最常见的争议领域，涵盖出资与增资催缴、治理与僵局、退出与估值，以及涉及范围变更、成本超支和合资实体与参与方之间关系的下游施工争议 ；3）最后，我们将为企业高管和法律从业者提供关键建议。

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 ransomware reporting, the convergence of cyber, foreign interference and organised crime threats, and the growing role of AI in both security and resilience. He also explores the Security of Critical Infrastructure framework, board preparedness, and the importance of strong security culture and risk management.A practical discussion for directors, executives and advisers navigating cyber, critical infrastructure and national security risks. an increasingly complex threat environment.

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 responding to overlapping regulators, and the Australian Human Rights Commission’s evolving approach to enforcing the positive duty to prevent sexual harassment. They also share practical insights on governance, compliance and how organisations can prepare for greater regulatory scrutiny.

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 in combination.Drawing on live delivery experience, they show how hybrid workflows balance contextual insight with the precision, consistency and defensibility required in high stakes matters, and why the best results come from combining the right tools, not choosing between them.

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 under the new regime, new guidance on green claims across the supply chain, guidance on the use of AI agents, and the Government's response to the consultation on implementing the new subscription contracts regime.Our latest podcast focuses on the CMA's first investigations into online pricing practices, pressure selling and fake or misleading consumer reviews. At the time of recording the CMA had completed three of its investigations, adopting infringement decisions with penalties and imposing consumer redress measures. The CMA has also issued advisory letters to over a hundred businesses, putting them on notice of the need to review their practices. In this podcast we take a closer look at the CMA's areas of focus and the lessons learned based on these first investigations.

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. Anne has served on the boards of Commonwealth Bank, GUD Holdings Limited, Worley Limited, and Blackmores (as Chair). She has also held board and leadership roles with Cuscal Limited, HT&E Limited, Pioneer Credit Limited, TAL Superannuation Fund… the list goes on. Anne is also passionate about technology and cyber security – what a combination! In this conversation, Anne shares insights from her boardroom experience, including how directors can navigate emerging technology risks, approach cyber resilience, and balance governance with growth and innovation. Drawing on a career that has spanned multiple industries, Anne reflects on what makes an effective director and the lessons that boards can apply in an increasingly uncertain digital environment. Thanks again for listening. This is Cross-Examining Anne Templeman-Jones. Here we go… 

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 from the first round of sustainability reporting and explore how they can be applied in practice for future reporters. We also take a closer look at ASIC’s early observations and share our perspective on what these mean, and how companies can consider them going forward. 

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 episode kicks off a two-part series, where we explore early trends emerging from the first round of disclosures. We share our initial observations, highlight recurring hurdles or challenges, and point to areas where reporting is already showing real progress.

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 the case, including:The scale of disclosure and why the nature of the recipients made the breach so seriousWhy Justice Hammerschlag found the breach to be both material and irremediable, and what the breakdown of trust and confidence between joint venture parties means in practiceThe role of the board in issuing the default notice and the drafting considerations that flow from that; andThe practical lessons for transactors, from coding for exit at the joint venture formation stage, to applying more staged, carefully controlled information disclosure in sale processes

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 around cost, delay and efficiency. He also outlines a range of reforms aimed at creating a faster, fairer and more effective class action system for all participants.

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 workplace disputes, and the unique challenges they create for employers. They also share practical steps organisations can take to mitigate risk, including governance, early issue detection and prompt remediation.

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 remains central to large-scale review - particularly for precision, consistency and defensibility - and where GenAI adds value, including contextual insight and early case analysis. Drawing on real-world experience, they show why GenAI is often reinforcing (not replacing) TAR, and reframe the debate around a more practical question: what is the right approach for the matter, the data and the client?

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 and users are currently confronting. This episode is hosted by Martin Hevey, a senior associate in our disputes team, who is joined by Andrew Lidbetter and Jasveer Randhawa from our public law and regulatory team, and Peter Dalton, a partner in the cyber security and IP practices.Below you can find links to our blog posts on the developments and cases covered in this podcast.Civil Justice Council publishes update on consultation responses regarding use of AI for preparing court documentsLessons for AI use by public authorities in Divisional Court’s decision on lawfulness of facial recognition technology

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

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; the Commission's latest research is here.

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 applicationHigh Court decision considers force majeure and sanctions issuesForce majeure: Supreme Court finds no obligation on party seeking to rely on force majeure clause to accept counterparty's offer of non-contractual performanceGlobal trade tariffs: Impact on contractual arrangementsWhen events intervene: Force majeure, frustration and material adverse change'A board-level issue': the resurgence of force majeure - The Global Legal PostSee podcast episode transcript.

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.