A series of thought leading podcasts ranging on topics and sectors by one of the world’s leading global law firms, Herbert Smith Freehills Kramer. For more information please visit www.hsfkramer.com
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June 11, 202617 min
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 Unfair Dismissal changes landing on 1 January 2027.
June 11, 202632 min
On Just Terms S2E5 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 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.
June 10, 202620 min
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 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
June 3, 202620 min
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 interest
- How the sector has changed in the years since the Royal Commission
- ASIC's enforcement focus and why regulatory pressure is an opportunity, not just a threat
- The Shield and First Guardian situation and what it means for the broader ecosystem
- Legacy technology stacks and the opportunity for international buyers to add value; and
- The differences in working with APRA and FIRB to get a deal over the line.
Important listening for private equity sponsors and strategic acquirers considering the Australian financial services sector.
May 26, 202621 min
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 counsel and company secretaries.
A must-listen for boards and governance professionals navigating the evolving duties landscape in Australia.
May 26, 202620 min
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 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.
May 20, 202628 min
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 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 rates
• disclosure practices and timing
• engagement periods
• private equity dynamics
• pre bid stakes
• recent Takeovers Panel developments
A practical discussion for boards, management teams and advisers preparing for, advising on or responding to a potential public M&A approach.
May 19, 202632 min
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
May 13, 202632 min
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 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.
May 12, 202622 min
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 non-resident CGT changes with intended retrospectivity to 2006 and limited transitional relief for renewables to 30 June 2030, expanded VCLP/ESVCLP investment caps, and R&D offset tweaks forecast to reduce tax by $1.5b. Small business changes include making the instant asset write-off permanent, a refundable loss offset for startups from 1 July 2028, and a permanent loss carry-back for companies under $1b turnover.
Major personal reforms include phasing out the 50% CGT discount from 1 July 2027 (replaced by cost-base indexation and a 30% minimum CGT tax), taxing pre-CGT assets, limiting negative gearing for post-budget residential purchases (except new builds), and imposing a 30% minimum tax on discretionary trusts from 1 July 2028 with complex impacts, especially for “bucket companies,” plus proposed restructuring rollovers amid stamp duty issues.
00:10 Budget Night Kick-off
00:41 Corporate Tax Overview
01:53 Non-Resident CGT Reboot
03:14 Venture Capital and R&D
05:16 Small Business Reliefs
06:20 Loss Carry-back Returns
08:44 Big Shift to Personal Tax
08:47 CGT Discount Ends
10:52 Tech and Startup Fallout
15:01 Negative Gearing Overhaul
16:51 Discretionary Trusts Seismic
21:37 Late Night Wrap Up
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