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/
181 Episodes
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Laura Hanrahan and McLane Edinger discuss what happens when an informal will application is unsuccessful and how estates are dealt with in those circumstances. They explore the potential outcomes, including the role of earlier wills, intestacy and partial intestacy, and the risks of beneficiaries when a will fails.
Laura Hanrahan and Karen Gaston discuss the rise of informal wills in Australia and how the courts determine whether a document can be admitted to probate. They explore the key legal requirements, recent case examples including digital documents, and the practical challenges in proving testamentary intention and capacity. The episode also highlights the risk of informal wills and why getting proper advice upfront can help avoid costly disputes.
Catie Moore and Lauren Separovich discuss how Australian courts and regulators are responding to the growing use of AI in legal practice and what it means for legal professional privilege. They explore recent Family Court decisions, emerging judicial commentary, and key developments, including the Victorian Law Reform Commissions’ report on the use of AI in courts and tribunals. The episode also highlights the risks of using generative AI tools and the current approach to maintaining confidentiality when engaging with AI.
Catie Moore and Lauren Separovich discuss the growing intersection between AI and legal professional privilege, including recent developments in Australia and overseas. They explore the risks of uploading confidential information to open AI platforms, emerging court decisions, and considerations for lawyers and clients when using AI.
Erin Brown and Emma Woolley discuss the role of the family office in succession planning, including trends in family governance, how families can prevent future conflict and why documenting values and preparing the next generation is key to preserving wealth and purpose across generations.
Ilona Strong, Stephanie Driscoll and Ben Clarke discuss how psychological injury work claims are assessed in Western Australia and South Australia.
Erin Brown and Jacqui Barrett discuss the transition of directly held businesses and why it is vital to plan for the transition of your business, whether to ensure a smooth transfer of wealth and control to the next generation or to avoid an unexpected business partner in case of an unplanned death or total and permanent disability. Putting in place planning tools, such as buy sell deeds and shareholder agreements can help ensure continuity and stability.
Ilona Strong, Rebecca Huleatt and Kate Frost discuss the differing approaches taken in the Australian Capital Territory and the Northern Territory towards psychological injuries in the workplace.
Nathan Kennedy and guest Gillian Moon discuss the Australian Human Rights Institute’s ‘State of Denial’ report, and the International Court of Justice’s advisory opinion, in which it stated, among other points, that all states have a binding international law duty to prevent significant harm to the earth’s climate. They outline Australia’s emissions, human rights law obligations, the significance of the ICJ opinion, and what practical steps companies should be taking now to align themselves with international law and avoid legal risk.
Erin Brown and James Whiley discuss the fundamentals of business succession planning, including why a structured plan matters, how different business structures impact succession and the key documents and strategies that help business owners protect continuity, preserve family harmony and plan for the unexpected.
Ilona Strong and Angela Brookes discuss psychological injuries at work in Queensland, including what is compensable and how to defend these types of claims.
Mark Dunphy and Kristopher Kunasingam discuss Australia’s approach to migration and its intricate employment laws. There’s many issues for foreign investors to be aware of, from visas to employer record-keeping obligations, strict unfair dismissal to penalties for non-compliance.
Ilona Strong and Andrew Stamp outline two hypothetical scenarios and explore how Victorian law deals with psychological injuries at work.
Mark Dunphy and Ed Paton discuss key issues for South East Asia investors to consider when investing in Australia, including how to navigate Foreign Investment Review Board (FIRB) approvals and the effect on foreign investment that new merger clearance laws from 1 January 2026 will have.
Ilona Strong and Tim Ainsworth discuss how NSW law applies to psychological injuries in the workplace. They outline two hypothetical scenarios, exploring what needs to be satisfied for a claim to be compensable and what defences are available under NSW law.
Historical ties bind Australia and the UK – but the legal systems have evolved to be very different, particularly in financial regulation and industrial relations. Chris Brown and guest Nigel Clark discuss the UK and Australian markets. There are plenty of opportunities for UK companies looking to invest, while challenges include making incorrect assumptions about the Australian legal landscape and navigating Australia’s foreign investment approvals process.
Mark Dunphy, Jacqui Barrett and Ben Hamilton discuss key issues US investors need to navigate when investing in Australia. They explore the sectors currently attracting US investors, the growing influence of the Foreign Investment Review Board (FIRB) on cross-border deals and the impact of Australia’s new merger clearance regime – including the serious risk of a deal being declared void if investors don’t comply.
Alison Choy Flannigan and Nathan Luker, co-founder of Your Call, unpack the new whistleblowing obligations for aged care providers under the new Aged Care Act, commencing 1 November 2025. They discuss internal vs external reporting pathways, confidentiality requirements and what providers must do now to comply – from updating policies to building a culture that supports safe disclosures.
Jacqueline McGrath and Sara Shahin discuss the evolving role of the Tax Practitioners Board (TPB) – from changes to the Tax Agent Services Act to new code obligations and what triggers a TPB review. They break down breach reporting requirements, extended investigation timeframes and what tax practitioners should be doing now to stay ahead.
Partner and Head of Cyber Eden Winokur and barrister Tamir Maltz explore the use of cyber injunctions in Australia in response to data breaches. The discussion includes how they work, when to seek them and the value they offer victims of data breaches. They also discuss non-publication orders, class action risk and how Australia compares with the UK in the use of cyber injunctions.
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