Smarter Lawcast with Hall & Wilcox

Juliet O’Brien and Emma Woolley discuss why estate planning is essential for women at every stage of life. They explore wills, powers of attorney and trusts and explain how major life changes – like divorce or loss – should trigger a review of your legal affairs.

Ilona Strong and Olivia Raiman discuss how NSW law applies to injuries at or around the workplace. They outline two real-world scenarios and explore how workplace boundaries, conduct and employer instructions shape claim outcomes.

⁠Eden Winokur⁠⁠ and ⁠James Finlay⁠ , from Coveware, a ransomware incident response company, discuss one of the biggest cybersecurity questions: should you pay a ransomware demand? They outline the scenarios where organisations may consider a payment, why cyber criminals are not to be trusted, the regulators’ view, including where it is a criminal offence to pay a ransom demand, and Australia’s man...

Alison Choy Flannigan , Oliver Jankowsky and Ranny Fan discuss why understanding diversity and inclusion in business, from language to customs, can help when servicing clients.

⁠Eden Winokur⁠ and James Finlay from Coveware, a ransomware incident response company, discuss ransomware and threat actors, what to do if attacked, what vulnerabilities threat actors exploit, ransomware trends and what happens when a company is impacted by ransomware.

Eden Winokur is joined by Joe Smith , Assistant Secretary from the National Office of Cyber Security (the NOCS) to discuss the role of the NOCS in coordinating national responses to cyber incidents. They explore lessons from major cyber breaches, support for private sector organisations and why data mapping and tabletop exercises are essential to building cyber resilience.

The "bamboo ceiling" is a metaphor used to describe the barriers that prevent Asian Australians from reaching senior leadership positions, even when they are highly qualified and experienced. William Lye OAM Kings Counsel is one of Australia’s pre-eminent barristers. He joins Alison Choy Flannigan for a fireside chat about his personal journey in breaking beyond the bamboo ceiling.

From the dichotomy of feeling invisible but hyper visible at the same time, code switching and answering questions such as ‘where do you come from’ and ‘how do you say your name?’: Sumith Perera and Seun Idowu , members of our Cultural Inclusion Committee, discuss why cultural inclusion is important to them, share their personal experiences, and outline why diverse representation in the legal indu...

What can be done if a trust deed is lost? William Moore and McLane Edinger discuss practical steps to take, including speaking to any professional who may have had dealings with that trust, applying to a court for an order or declaration, or seeking a deed of confirmation.

What rights to information do beneficiaries of a trust have? As many trusts pass to the next generation, some beneficiaries want information from the trustee, such as what assets it holds what the terms of the trust deed are. William Moore and McLane Edinger discuss the approach courts take and issues trustees should consider if they receive an information request.

William Moore and David Dickens discuss the themes they are seeing in trust disputes, including trustee decisions being challenged by beneficiaries, and how trustees should approach the exercise of their powers including making distributions.

Trusts are a significant part of estate planning, but there are risks if the trust deed is not prepared or administered properly. William Moore and McLane Edinger discuss variation powers for trusts, including the breadth of variation powers, problems to look out for, what to do if there is no variation power, and how to avoid triggering capital gains tax issues.

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...

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.

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...

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 co...

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 do...

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 prep...

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 practitioner...

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.

Emma Bechaz and guest Garry Andrews , executive director of construction consultancy company Anvelo, unpack some common misconceptions about the role of superintendents in construction projects, the dual nature of their role, common problems that can arise, and how to minimise the risk of encountering disputes.

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...

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.

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 Secu...

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.