Smarter Lawcast with Hall & Wilcox

John Hutchinson, Suzie Leask and Sevan Gore discuss a new Bill that sets up the mandatory Australian climate reporting framework and will affect how organisations prepare their financial reports and collect data. They outline which companies will be affected, when reporting requirements will commence, and director liability, among other issues.

Scott Butler, Jacqui Barrett and Nicole Tumiati discuss what happens when there’s a complete breakdown between the parties, what owners should keep in mind when negotiating a restructure involving the exit of an owner, and issues to consider if you are the person leaving the organisation.

Scott Butler, Jacqui Barrett and Nicole Tumiati discuss how professional services firms can restructure equity and manage owner exits, especially when things get tough. They look at the common reasons why a firm may change its ownership structure – both good and bad – and the key obstacles owners may face to negotiate an acceptable outcome.

Sam Kelsey and guest Julia Halioua from the Footprint Company continue their discussion about green construction, looking at carbon emissions from a contractor’s perspective. With a large portion of a contractor’s emissions coming from its supply chain, Sam and Julia offer tips on how contractors can reduce their emissions and effect change in the industry.

Tax issues are core to any business restructure and must be considered at the beginning of any restructure planning. Scott Butler and Jim Koutsokostas discuss common tax and duty consequences, how these may differ from state to state, and why involving a tax lawyer early in the process can help avoid some nasty surprises later.

Sam Kelsey chats with guest Julia Halioua from the Footprint Company about green construction, which is sustainable and environmentally friendly construction with a focus on carbon emissions. Sam and Julia discuss carbon emissions from a developer’s point of view: what are they? How are they measured? What can you do to reduce emissions? And why should you?

Scott Butler and Mark Petrucco discuss how safe harbour provisions protect directors against potential insolvent trading liability while restructuring companies, how to access the provisions, and the importance of engaging good advisors to steer the right course.

Scott Butler and David Dickens discuss how a director may become liable for unpaid taxes under the Director Penalty Regime, why it’s critical that directors lodge activity statements, and what options are available if a director receives a Director Penalty Notice.

Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss recent interesting cases that provide guidance on the ways in which boards need to manage ESG-related risks, why climate and nature related risks and dependencies, including throughout the supply chain, are something directors and boards need to consider, and why there is an obligation to use data to make informed long-term business decisions that are in the best interests of everyone, not just the business.

What should boards and businesses have on their radar about ESG? Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss how to use data to help set targets, how collecting the right data can help mitigate ‘greenwashing’ and ‘greenhushing’ claims, why planetary boundaries are a critical measure of what a future flourishing society looks like, Australia’s new mandatory climate reporting standards, and why ESG is no longer a ‘nice to have’ but an expected ‘business as usual’ capability within organisations.

Where can boards go wrong and what happens if they do? In an environment where compliance demands on boards are extraordinary, Suzie Leask, Julian Hammond and Steve Knight discuss why boards might lose their way, lessons on what not to do, and advise directors on how best to manage ‘boards behaving badly’ issues.

What transformational cultural change is needed to comply with the Positive Duty under the new Respect @ Work and build diverse, healthy, inclusive and respectful workplaces? Fay Calderone and Suzie Leask discuss this and outline practical steps leaders can take to ensure compliance and moving beyond it.

Fay Calderone and Suzie Leask discuss the key compliance issues boards and executive leaders need to be aware of, from Respect @ Work and everchanging workplace relations laws to cyber security, ESG to corporate governance.

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

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

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

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

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

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

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