Smarter Lawcast with Hall & Wilcox
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© Hall & Wilcox
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Welcome to Smarter Lawcast, the official podcast of Hall & Wilcox, a leading independent Australian law firm. We pride ourselves on our Smarter Law approach, where we work with our clients to creatively solve their legal and business challenges. Tune in to be educated and entertained by our experts’ take on topical legal issues.
LinkedIn:@Hall & Wilcox
Facebook:@HallandWilcox
Instagram:@hallwilcox
https://hallandwilcox.com.au/
LinkedIn:@Hall & Wilcox
Facebook:@HallandWilcox
Instagram:@hallwilcox
https://hallandwilcox.com.au/
123 Episodes
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Langton Clarke and Elliott Stumm discuss outsourcing AML/CTF obligations, why a business might choose to outsource, who is legally liable if there is a breach of the obligations, and how to manage risks, quality assurance and record keeping.
Langton Clarke and Taylor Green discuss KYC, or knowing your client, under AML/CTF legislation, and the importance of identifying, verifying and authenticating your client by building a client profile. They outline all you need to know about KYC, including how to deal with trust deeds, why a KYC refresh can help avoid exploitation by bad actors, and why cyber security and privacy issues need to be top of mind.
Langton Clarke and Peter Jones discuss the latest reforms and developments in anti-money laundering and counter-terrorism financing (AML/CTF). With a new Bill recently tabled in Parliament, they outline the impact of the proposed reforms, including that 90,000 ‘tranche two’ entities are expected to become subject to regulation.
Learn more about HW Funds: https://hallandwilcox.com.au/expertise/sectors/investment-funds/
Todd Bromwich and Frank Hinoporos discuss current tax issues facing globally mobile clients and their advisors. They offer practical guidance on navigating complex cross-border tax scenarios and avoiding costly mistakes, including for tax residency, managing offshore assets and structures and bringing money into Australia.
Want to know more about Section 99B? Watch our on-demand webinar.
Anthony Bradica and Todd Bromwich delve into the intricacies of setting up payroll arrangements correctly. They discuss how to avoid common pitfalls, the costs and processes involved in rectifying wage and superannuation underpayments and provide guidance on navigating these issues. Learn about your obligations and discover proactive steps to ensure compliance.
Frank Hinoporos and Jacqueline McGrath discuss the new Administrative Review Tribunal, which replaces the Commonwealth Administrative Appeals Tribunal from 14 October 2024, and highlight the key changes practitioners need to be aware of.
Emma Woolley and guest Carly Severino, Director of Community at Australian Communities Foundation, discuss the power and joy of collective giving, why community foundations are a model for giving across the world, the benefits of structured giving and how to democratise structured giving to make it as accessible as possible across Australia.
Australian Communities Foundation is a nationally focused community foundation that connects those who can give with the people and organisations leading the way. It aims to make philanthropy easy and accessible for people from all over Australia.
Emma Woolley and guest Peter Winneke, a generosity and life legacy adviser, discuss how Australia’s philanthropic sector has grown over the past 20 years, the importance of philanthropic role models in developing a strong ‘giving culture’, why families should discuss ‘how much is enough’, ‘how much to leave the kids’ and how family foundations can be a great educational tool for the next generation.
Peter Winneke has more than 20 years’ experience in strategic, impactful giving. His book, Give While You Live: A practical guide to more & better giving in Australia, explores how much is enough, how much to leave the kids, best practice giving, and how it will enhance your purpose and legacy.
Juliet O’Brien and Todd Bromwich discuss charitable trusts and private ancillary funds, their key features and tax benefits, and why clients choose these funds to establish a long-term charitable legacy.
Juliet O’Brien and Todd Bromwich discuss everything you need to know about philanthropy and philanthropic giving, including whether to give during your lifetime or through your estate plan, the most appropriate and tax-savvy structures, and how to establish a ‘living legacy’ that your family may choose to carry on.
Hall & Wilcox partner and co-lead of our healthcare sector group Alison Choy Flannigan chats with Julian Smith and Jill Mason, partners at UK firm Mills & Reeve, about healthcare trends in Australia and the UK, including key issues when entering into the UK market, opportunities for Australian businesses, M&A trends in the healthcare sector, wider NHS and regulatory developments in the UK, and potential growth in the health tech sector.
Hall & Wilcox partner and co-lead of our National healthcare sector group Alison Choy Flannigan chats with James Fry, a partner and head of life sciences at UK firm Mills & Reeve about key trends in life sciences in the UK, Europe and Australia, including the accelerated pace of technology and the associated legal issues it brings, regulatory change in the UK, supply chain issues, ESG issues and developments around AI.
Mark Dunphy and Jacqueline McGrath discuss Australia’s customs system and outline its particular requirements, including permits, the role of customs brokers, recent customs trends, penalties for false statements and why it’s critical to obtain advice about the valuation of goods to be imported.
Mark Dunphy and Jacqui Barrett discuss key issues for investors and companies from the United States to understand about the Australian market, including business structures, the need for resident directors, what sectors in Australia that US entities are investing in, and what Australian laws US companies will find different to their home markets.
Many Australians have a connection to another jurisdiction, whether they are born overseas, have parents or children who were or own assets overseas. International connections create complexity around succession planning and wealth. Mark Dunphy, Emma Woolley and James Whiley discuss why it’s essential to make a plan that covers multiple jurisdictions, ensures Wills are valid in each jurisdiction and covers the impact of inheritance tax and capital gains tax where applicable. They also discuss some specifics for US and UK jurisdictions.
Oliver Jankowsky, Mark Dunphy and Kristopher Kunasingam discuss the latest employment and migration trends in Australia, including Australia’s complex and multi-layered system of employment laws, termination rights, what happens to an employee’s visa if their job is terminated, restraints of trade, the changes in Australia’s sexual harassment laws, and whether it will be easier or more difficult to obtain a skilled work visa to come to Australia over the next year.
Mark Dunphy, Oliver Jankowsky and Ranny Fan discuss Australia’s Foreign Investment Review Board (FIRB) regime: what it does, what transactions are subject to FIRB notification, the different criteria applied to private investment and foreign government investors, FIRB thresholds, what conditions FIRB applies to approvals and key tips for foreign investors or advisors looking at investing in Australia.
Alison Choy Flannigan and guest Lyle Steffensen from Lockton discuss the potential risk and insurance implications of the proposed new Aged Care Bill for both individual board members and organisations in the aged care sector. The discussion covers crucial risk and insurance considerations for aged care boards, including the need to understand existing insurance coverage and the scope of cover for both individuals and the organisation. They also discuss who is included in the new definition of ‘responsible persons’, and the vital role of good governance in ensuring both business success and organisational viability.
Karl Rozenbergs, Clare Kerley and Anthony Bradica discuss employment and tax issues facing the aged care sector, including how to avoid underpayments and the remediation cost of fixing them, enterprise agreements, the positive duty to prevent sexual harassment in the workplace, psychosocial reforms, same job same pay reforms, and the importance of having consistent payroll tax systems across the workforce, especially when acquiring a new business.
Partners Alison Choy Flannigan and Mark Petrucco, and guest Anthony Connelly from McGrathNicol, discuss how the pace of change, supply chain issues, general inflationary pressures and aged care reforms are causing some approved providers to consider restructuring. They outline legal, commercial and financial issues boards should consider if restructuring, including debt collection, engaging specialised advisors, understanding safe harbour provisions, and clearly communicating with stakeholders, including staff and residents.
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