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/
137 Episodes
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Partners Mark Petrucco and Stefan Fenk discuss the stresses the building construction industry has experienced over the past 12-18 months, and impacts on head contractors, subcontractors, project owners and developers. With cost pressures increasing insolvency risks, they discuss voluntary administration, ipso facto provisions, how to mitigate risks of engaging parties that may become insolvent down the track, and what pockets of the market have been more robust against insolvency risks.
Bridget Wall, Mitch Stein and guest Helen Townley, the National Directory of Policy and Accreditation at the Australian Health Practitioner Regulation Agency (AHPRA), discuss changes to AHPRA’s social media guidance to clarify the types of notifications that are more likely to trigger an investigation, for example publishing false or misleading information or breaching confidentiality. They also discuss AHPRA’s changes to advertising guidelines, particularly in relation to cosmetic surgery and cosmetic services.
Scott Butler, Alison Choy Flannigan and Ed Paton discuss the regulatory changes, financial challenges and M&A consolidation being experienced by the aged care sector. They outline specific regulatory issues affecting M&A in the aged care sector, why directors need to be aware of the safe harbour provisions, and differences between distressed and non-distressed transactions.
Bridget Wall, Mitch Stein and Alison Choy Flannigan discuss Australia’s booming medicinal cannabis market. What activity are we seeing from regulators including the Therapeutic Goods Administration and AHPRA? What is best practice for medical and pharmacy practitioners when prescribing and dispensing, and does telehealth pose any risks? They also outline tips for practitioners on how to best prepare their practices to appropriately and legally dispense medicinal cannabis.
Mitch Stein and Bridget Wall discuss recent prosecutions against health practitioners across various state tribunals and what areas regulators, such as the HCCC, OHO and AHPRA (Australian Health Practitioner Regulation Agency), are focusing on. The most common complaints are around clinical care, inadequate or inappropriate procedures, and communication. Mitch and Bridget discuss what practitioners should have top of mind if they are subject to a disciplinary investigation and why good contemporaneous note-taking is vital.
Partners Nicole Tumiati and Jacqui Barrett discuss how the challenging economic environment is impacting on the retail industry. Cost of living and high interest rates mean consumers are cutting back on discretionary spend, while retailers are trying to manage high operational costs, such as supplier contracts, leases, insurance, cyber risk, supply chain issues and retail crime. Nicole and Jacqui outline how retailers can manage these impacts by being innovative and resourceful, such as re-examining contracts with suppliers, pivoting into online offerings, managing stock levels better, streamlining the business if there are multiple streams, or buying complementary businesses to secure supply chains.
Bridget Wall, Mitch Stein and guest Luke Kelly, a pharmacist and Pharmaceutical Society of Australia NSW Branch President, discuss major reforms to Australia’s regulation of vaping products, which has changed the way vapes can be imported, manufactured, supplied and advertised in Australia, and the impact this has had on pharmacists, as all vapes and vaping products, regardless of whether they contain nicotine or not, now only able to sold in a pharmacy for the purpose of helping people quit smoking or manage nicotine dependence.
John Hutchinson is joined by Sevan Gore and Rebecca Gilbert to explore the ins and outs of reverse takeovers and backdoor listings. They clarify what these terms mean, examine a recent example and weigh the pros and cons of this path to listing. A must-listen for those interested in unique capital market strategies.
John Hutchinson is joined by James Morvell and Caitlin Byrne to break down capital raising issue pricing restrictions for listed and unlisted funds. They dive into essential terms like net asset value (NAV), net tangible assets (NTA) and issue pricing for new units and explain applicable restrictions under the Corporations Law and the ASX Listing Rules, including the key differences between listed and unlisted funds. Whether you’re new to fund management or looking for a refresher, this episode is packed with valuable insights.
John Hutchinson is joined by Eden Winokur and Michelle Eastwell to discuss the critical issue of continuous disclosure in the face of cyber incidents. With several high-profile cyber-attacks impacting ASX-listed companies, they unpack the updated Guidance Note 8, the challenges of disclosure and the requirements for listed entities during a cyber breach. They also explore the Australian Cyber Security Bill, focusing on ransom payment notifications. This episode offers essential insights for directors and executives navigating cyber security risks.
Want to know more about the Australian Cyber Security Bill? Read our analysis.
Join John Hutchinson, Deborah Chew and Chris Wright as they dive into the complexities of the critical decisions listed companies face around capital raising when the company needs to obtain shareholder approval to issue equity securities. They explore when shareholder approval is necessary, key approaches to raising capital and the legal considerations under the related party benefits and takeover provisions of the Corporations Act and the separate ASX requirements for issues of equity securities to related parties and substantial shareholders. Tune in for valuable insights into shareholder approvals and understanding the regulatory landscape.
Langton Clarke and Taylor Green discuss independent reviews of AML/CTF programs: what are they and why are they important? They outline a three-tiered approach to take account of risks and cost inefficiencies.
Langton Clarke and Andrew Ong discuss how to deal with high-risk customers, especially politically exposed persons (PEPs), whether or not a business should choose to onboard a high-risk customer and why an AML/CTF program should be specifically tailored to a business and its risk appetite.
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.
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