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.

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.

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.

In this episode, listeners will hear from Meg Lee and Nathan Kennedy about why clients might implement an ESG framework, key considerations for implementation, and recent developments.

In this episode, listeners will hear from Anthony Bradica and Adam Dimac on the top seven things startup companies should watch out for when making new grants.

In this episode, listeners will hear from Frank Hinoporos and Adam Dimac from our Tax team, who discuss the latest in cryptocurrencies and NFTs.

In this episode, listeners will hear from Frank Hinoporos and Todd Bromwich from our Tax team, who discuss the Australian Taxation Office’s Top 500 and Next 5,000 targeted compliance program and share some observations about how taxpayers can deal with such reviews.

In this episode, listeners will hear from Frank Hinoporos and Jacqueline McGrath from our Tax team, who discuss the Australian Taxation Office’s debt collection powers, including the director penalty notice regime.

In this episode, listeners will hear from Mark Dunphy and Jacqueline McGrath about the customs compliance obligations for companies looking to do trade in Australia.

In this episode, listeners will hear from Mark Dunphy and Penelope Ford about aspects of Australia’s dispute resolution process which sometimes surprise those not from Australia.

In this episode, listeners will hear from Mark Dunphy, Ranny Fan and Conrad Smith about how Australia’s Foreign Investment Review Board (FIRB) operates.

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In this episode, listeners will hear from Mark Dunphy, Alison Baker and Kristopher Kunasingam about the critical issues of Australia’s employment and visa laws, including how employment relationships are regulated and what Australia’s borders look like post-COVID.

In this episode, listeners will hear from Mark Dunphy, Oliver Jankowsky and Jacqui Barrett about market entry into Australia. What are the main considerations if you want to set up a company in Australia? Are there any common frustrations or roadblocks clients have faced?

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.

In this episode, listeners will hear from Frank Hinoporos and Adam Dimac from our Tax team, who discuss tax basics if you buy, sell or own cryptocurrencies or NFTs.

In this episode, listeners will hear from Anthony Bradica and Adam Dimac from our Tax team, who discuss the tax risks and issues business owners need to know about when they engage contractors.

In this episode, listeners will hear from Frank Hinoporos and Todd Bromwich from our Tax team, who discuss the long-awaited ATO guidance on the scope and application of section 100A of the Income Tax Assessment Act 1936, how the ATO intends to apply compliance resources to reviewing trust arrangements, and give some practical guidance on how to navigate these issues.

In this episode, listeners will hear from Martin Ross and Hamish McNair about defamation reforms in the pipeline, including federal anti-trolling legislation, liability of internet intermediaries and extending absolute privilege in the employment context.

In this episode, listeners will hear from Martin Ross and Hamish McNair about recent game changers in defamation law, including the serious harm threshold, the single publication rule, public interest reporting defence and cap on damages.

In this episode, listeners will hear from Martin Ross and Hamish McNair about responding to defamation claims, the power of apology, offers to make amends and liability as a publisher and republication.

In this episode, listeners will hear from Martin Ross and Hamish McNair about defamation law. Who can be defamed? How and where does defamation arise? Are there any remedies and what are the usual outcomes?

In this episode, listeners will hear from Frank Hinoporos and Adam Dimac from our tax team, who will examine why there’s so much hype around cryptocurrencies and NFTs and what the tax implications are for people who hold or invest in these currencies.

In this episode, listeners will hear from Frank Hinoporos and Jim Koutsokostas from our Tax team, who will discuss the evolving payroll tax crackdown. What particular industries are being focused on and what payroll tax issues should businesses be aware of?

In this episode, listeners will hear from Frank Hinoporos and Todd Bromwich from our Tax team, who will discuss recent ATO compliance activity, key issues taxpayers need to be aware of and offer strategies for how to mitigate potential risks.

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.

In this episode, listeners will hear from Frank Hinoporos and Todd Bromwich from our Tax team. Frank and Todd discuss the Pandora Papers, a leak of millions of documents that reveal hidden wealth and tax avoidance by some of the world’s wealthiest people. We delve into the tax implications raised and what to do if you were named in the papers.

In this episode, listeners will hear from Mark Dunphy and Melinda Bell from our Employment & Workplace Relations team. Mark and Mel discuss steps businesses can take to avoid underpayments occurring and what to do if an issue is discovered.

In this episode, listeners will hear from Mark Dunphy and Kristopher Kunasingam from our Employment & Workplace Relations team. Mark and Kris discuss migration issues, including the impact since COVID-19 closed Australia’s borders, how restrictions are affecting employers and the economy, and what might lie ahead once restrictions are lifted.

In this episode, listeners will hear from Mark Dunphy and Fay Calderone from our Employment & Workplace Relations team. Mark and Fay discuss why flexible work is so important in the ‘new normal’ brought about by COVID-19, why working from home is no longer seen as a ‘privilege’ and how to avoid the risk of proximity bias.

In this episode, listeners will hear from Mark Dunphy and Clare Kerley from the Employment and Workplace Relations Team. Mark and Clare discuss mandatory vaccinations in the workplace, including whether employers can mandate vaccinations, what proof is required and what to do if employees refuse to be vaccinated.

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.

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.

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.

Partners Karl Rozenbergs and Alison Choy Flannigan, and guest Selina Gerner, a partner at McGrathNicol, outline the Federal Government’s proposed new Aged Care Bill, which will see a significant shift in accountability for aged care approved providers and place greater emphasis on proactive risk assessments and management, and discuss how they are helping clients prepare for the changes.

Aged care reform is likely to result in more consolidation in the aged care sector. Partners Karl Rozenbergs and Alison Choy Flannigan and guest Andrew Fressl, from McGrathNicol, discuss the unique operational, business and financial issues in considering a merger or acquisition with another approved aged care provider. It is vital to be prepared and aware of the common challenges vendors and purchasers face.

Suzie Leask, Lisa Ziegert and guest Katie Scott from Microsoft discuss the benefits and risks involved in using generative AI, which can accelerate research and development, personalise customer experience at scale and solve complex problems. But risks include ‘hallucination’, bias, improper use and corporate governance issues, such as confidential or sensitive proprietary information being put into AI platforms that can then potentially be shared.

John Hutchinson and Chris Wright discuss the draft 5th edition of the ASX Corporate Governance Principles and Recommendations, which represent an evolution rather than a revolution in best practice standards for governance. Proposed changes include an increased emphasis on stakeholder engagement, director remuneration, increased climate and sustainability reporting, diversity disclosure and disclosure for breaches of code of conduct.

Suzie Leask, Julian Hammond and David Catanese discuss what directors can do to try to prevent employee fraud and corruption from occurring, how to implement a strong workplace culture of integrity and transparency, and provide some tips on how to deal with worst-case scenarios.

John Hutchinson and Vanessa Murphy discuss proposed changes to the wholesale client and sophisticated investor tests, which have not been updated since 2001. They examine what the tests are, how they are used and how the changes may impact companies wishing to raise capital, among other issues.

Suzie Leask, Julian Hammond and David Catanese discuss employee fraud and corruption. What are the key workplace issues? What structures and processes can boards have in place to deal with alleged employee fraud?

John Hutchinson, Deborah Chew and Michelle Eastwell discuss convertible notes: what are they, how and when can they be used as a fundraising option and what is the ASX’s view of convertible notes? They also offer some tips for listeners on the use of convertible notes.

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.

Suzie Leask, Eden Winokur and Alison Baker discuss current cyber and privacy issues facing boards and directors, why cyber and privacy need to be on the agenda at every board meeting, and offer tips on how boards and directors can be cyber and privacy ready.