In this podcast, Kim Dietzel, Stephen Wisking and Maura McIntosh discuss competition class actions under the Collective Proceedings Order regime in the Competition Appeal Tribunal (CAT), which allows claims to be brought on either an "opt-in" or "opt-out" basis. This is an area that has seen very significant growth over the past couple of years, and we expect this trend to continue. The podcast explains the key features of the regime, how the CAT approaches the certification of these claims, and the trends we are seeing.

The presenters are all authors of Class Actions in England and Wales, a textbook authored by Herbert Smith Freehills lawyers and published by Sweet & Maxwell. This is the second in our series of podcasts to mark the launch of the second edition of this leading textbook. Future editions will look at other topics of interest relating to class actions or areas where we expect to see growth.

A summary of the most material developments expected in the next 6-12 months which will be of relevance to UK listed companies.

Speakers: Julie Farley, Professional Support Lawyer, Sarah Hawes, Head of Corporate Knowledge, Isobel Hoyle, Professional Support Lawyer and Erica MacDonald, Professional Support Lawyer

Himalayan Bites returns for 2023, Tony Damian and Andrew Rich start with an informative chat on merger authorisation with competition law guru Linda Evans.

In this episode, Tim Stutt and Mel Debenham are joined by Kathryn Pacey, environment and planning partner to discuss HSF’s report on Unlocking ESG Investment in Australia, and the long road for businesses assessing their supply chain and how to balance immediate pressures with long term ambition. 60% of our report’s survey respondents, comprising more than 100 business leaders, say their company has a net zero commitment ranging between now and 2050, but 40% say the commitments don’t reflect Scope 3 emissions in the value chain. Given regulatory uncertainty and inconsistency was cited as the only barrier unique to Australia, Kathryn discusses the swathe of regulatory changes facing businesses and their goals for emissions reduction and environmental protection.

Join Robert Hunt, Cameron Dunstan-Smith and Brian Spiro for the second episode of our investigations podcast series where they will be discussing dawn raids. This episode will explore key themes when dealing with a dawn raid, including the importance of preparation, how best to confront them when they arise and what can be done to prevent a raid from happening. They will also share practical lessons learnt from their own personal experiences. If you have any questions, please do not hesitate to contact the team.

In this episode we deep dive into the recently passed Secure Jobs, Better Pay Act, which is set to have a significant impact on the industrial relations environment in Australia. Rohan Doyle, Natalie Gaspar and Nicholas Ogilvie discuss how enterprise bargaining will change under these new laws, and the work that employers will need to do to best position themselves for this new bargaining environment.

In this episode of On Just Terms, Jason Betts is joined by The Hon. Justice Sarah C Derrington AM President of the Australian Law Reform Commission (ALRC), their discussion covers reforms to class actions practice, changes to the corporations law and the future direction of commonwealth law reform.

Her Honour shares insights into the factors impacting class actions, approaches to modern litigation including mega-litigation, the future of the ALRC, and the role serendipity has played in her career.

In this episode Mark Peters and Toby Eggleston discuss the latest in the world of NSW stamp duty. A must listen for those in property and infrastructure.

More details can be found on blog here: https://hsfnotes.com/taxaustralia/2022/11/15/nsw-stamp-duty-reforms-change-of-beneficial-ownership-where-have-we-landed-significant-changes-to-leases-and-option-transactions/

In this Christmas Special edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guests Elena Kormosh, Scott Warin, Tom Wyer and Catherine Bagge.

You can find links to our blogs on the cases covered in this podcast below:

• High Court confirms interest rate swaps entered into with Italian municipal authority were valid, lawful and binding on the parties https://hsfnotes.com/bankinglitigation/2022/11/11/high-court-confirms-interest-rate-swaps-entered-into-with-italian-municipal-authority-were-valid-lawful-and-binding-on-the-parties/

• High Court finds that bank's notice of event of default under section 5(a)(i) of the 2002 ISDA Master Agreement is valid https://hsfnotes.com/bankinglitigation/2022/11/17/high-court-finds-that-banks-notice-of-event-of-default-under-section-5ai-of-the-2002-isda-master-agreement-is-valid/

• Court of Appeal finds party was required to accept non-contractual performance in exercising reasonable endeavours to "overcome" force majeure event https://hsfnotes.com/bankinglitigation/2022/11/07/court-of-appeal-finds-party-was-required-to-accept-non-contractual-performance-in-exercising-reasonable-endeavours-to-overcome-force-majeure-event/

• High Court considers contractual construction of irrevocable letter of credit incorporating UCP 600 https://hsfnotes.com/bankinglitigation/2022/11/15/high-court-considers-contractual-construction-of-irrevocable-letter-of-credit-incorporating-ucp-600/

• Interpreting ICC standardised rules in trade finance disputes: courts take an international perspective https://hsfnotes.com/bankinglitigation/2022/10/28/interpreting-icc-standardised-rules-in-trade-finance-disputes-courts-take-an-international-perspective/

• No privilege for original version of document simply because comparison to final version would reveal legal advice https://hsfnotes.com/litigation/2022/10/06/no-privilege-for-original-version-of-document-simply-because-comparison-to-final-version-would-reveal-legal-advice/

• Court of Appeal confirms identity of those instructing lawyers not generally protected by litigation privilege https://hsfnotes.com/bankinglitigation/2022/11/22/court-of-appeal-confirms-identity-of-those-instructing-lawyers-not-generally-protected-by-litigation-privilege/

Don't forget to subscribe to the banking litigation blog https://hsfnotes.com/bankinglitigation/subscribe/

In the latest podcast from the Herbert Smith Freehills' pensions team, Olivia Kettleborough, our Professional Support Paralegal is joined by Tim Smith, our Professional Support Consultant to look back at 2022 and to look ahead to the key developments in store for pension scheme sponsors, trustees and providers as we move into the New Year. These include:

• the new DB statutory funding requirements;

• pension dashboards; and

• the Consumer Duty.

Tim also shares a couple of other developments to look out for which people may not be aware of.

To receive future podcasts in this series direct to your inbox subscribe https://hsfnotes.com/pensions/subscribe/ to our UK pensions blog https://hsfnotes.com/pensions/.

To view our other pensions podcasts click here http://www.hsfnotes.com/pensions/?m=podcasts.

Contacts

If you would like to discuss any of the topics covered in this podcast speak with your usual HSF adviser or contact one of our specialists.