Duration: 7.31

Hosts: Peter Yeldham, King & Wood Mallesons and James Breese, Stewarts Law

In this episode of the KWM Podcast, Disputes Partner Peter Yeldham is joined by James Breese, a Partner at Stewarts, for a comparative discussion on common interest privilege and how it operates across Australia and England.

 Key topics discussed:

• The difference between common interest privilege and joint privilege
• Waiver of legal professional privilege 
• Labelling correspondence “common interest privilege” (and relying on the label)
• Considering the benefits of disclosure against the possibility of later disputes with third parties

Duration: 10:14

Hosts: Josh Thorneycroft and Craig Rogers

Summary: In this episode of Power Perspectives, KWM Energy Partners Craig Rogers and Josh Thorneycroft discuss the drivers behind the shift were seeing in capital deployment in renewables and the increased use of capital partnering.  

In this episode they discuss: 

• How these funding models create value for both sides for investors and developers
• Different joint development structures were seeing in the market and why we’re seeing them
• Avoiding the ugly path to disputes and deadlocks
• The key sign of a successful partnership
• Why these funding models are set to become more common

Listen now and read more about the energy transition on the KWM website: Transitioning to Future Energy - KWM

AI developments are moving fast. In the first episode of our AI Now series, Cheng Lim and Bryony Evans break down Australia’s National AI Plan - what’s changing, what’s not and what it means for business.

Key topics discussed

• The three pillars of the National AI Plan: infrastructure, sharing benefits and safety
• No new standalone AI laws - existing regulation still applies
• Workplace consultation and its impact on AI adoption
• Data centres, investment hurdles and practical challenges
• Steps for effective AI governance and privacy compliance
• Where ‘sovereign’ AI fits in and what to watch next

King & Wood Mallesons’ annual Class Actions in Australia report tracks the latest data and trends in Australia’s evolving litigation landscape. 

In this episode, Partners Suzy Madar and Peta Stevenson dive into a sector that has been a focal point or some of Australia’s most complex and high-profile class actions: health.

In this episode they discuss: 

• How technical, scientific expert evidence affects claims outcomes
• US vs Australia - similar claims, different risks and rewards
• Major cases in 2025: Roundup and Monash IVF
• What’s next for health class actions?

Listen now and read the full report The Review: Class Actions in Australia 2024/2025 available here.

Crypto is moving into a more structured regulatory environment across global markets. In this episode, host Nathan Hodge is joined by Urszula McCormack and Cindy Shek to discuss the fundamentals of digital assets, the rise of spot ETFs and other fund structures, and the maturing regulatory frameworks developing in Hong Kong, the US and Australia.

Key topics discussed

• How crypto is defined and used
• Spot ETFs, crypto funds and product innovation
• Global regulatory approaches
• AML reforms and ASIC guidance
• Considerations for managers seeking crypto exposure

This episode examines the regulatory and governance developments shaping investment platforms, and the Shield and First Guardian failures. Partners Nathan Hodge and Stephen Jaggers discuss the evolution of IDPS and superannuation platforms, key structural differences, and the emerging regulatory expectations influencing how these products are designed, governed and monitored.

Key topics discussed

• How platforms developed and why they remain adviser-driven
• Differences between IDPS and superannuation governance obligations
• Fallout from Shield and First Guardian and the focus on menu oversight
• Due diligence, conflicts and DDO considerations
• Growth of managed accounts and exposure to alternative assets

King & Wood Mallesons’ annual Class Actions in Australia report charts the latest record-breaking trends in Australia’s evolving litigation landscape. 

In this episode, Partners Michael Swinson and Peta Stevenson breakdown how privacy class actions are changing in Australia.

In this episode they discuss: 

• The rise of privacy class actions
• How the Privacy Act reforms are paving the way to new claims
• Serious invasions of privacy stealing headlines
• The OAIC’s promised aggressive approach

Listen now and read the full report The Review: Class Actions in Australia 2024/2025 available here.

This episode dives into the intersection of business, law, community, and society, focusing on complex mental health in the workplace. Special guest Rachel Green brings her lived experience and leadership perspective as CEO of SANE Australia, one of the nation’s leading mental health advocacy organizations.

Key Topics Discussed:

• Rachel’s career highlights and motivations, including the impact of building new digital services for people with complex mental health needs
• Challenges in Australia’s funding landscape for mental health, and the shift toward digital innovation
• SANE Australia’s lived-experience-led approach to supporting people and families affected by complex mental health
• Frameworks like CHIME (Connection, Hope, Identity, Meaning, Empowerment) and their role in recovery and workplace participation
• The reality and impact of stigma in Australian workplaces and ways to foster more inclusive cultures
• Positive and negative effects of technology and hybrid work on employee mental health
• Innovative practices like quarterly breaks and incentivized leave to support wellbeing
• The future of mentally healthy workplaces: leadership’s role, structural change, and continuous improvement
• How organizations and individuals can support SANE Australia, including upcoming initiatives like the national stigma report card and opportunities for partnership, volunteering, and workplace giving

Please note that while Dan Creasey has left KWM, he remains deeply connected to the important issues explored in these episodes. His insights continue to be invaluable in our discussions.

In this episode of the It’s Public podcast, Daniel Natale sits down with David Friedlander, Jennifer Cheung and Rob Kelly to discuss the landmark $14 billion Brickworks–Soul Patts merger - a deal that ended more than half a century of cross-ownership. The conversation explores how the parties found valuation common ground in a scrip-for-scrip transaction, and how capital markets stepped up to support the deal.

They discuss:

• The history of the cross-shareholding and how it endured for more than five decades (despite criticism for limiting transparency and shareholder value)
• The 2025 merger itself and the innovative ‘top hat’ structure
• The $1.4 billion capital raising that supported the merger
• The current ASX Listing Rules consultation on shareholder approval requirements – and how this could pave the way for more deals of this kind.

Read the full third edition of It’s Public here: It's Public - KWM

Duration: 27 minutes

Presenters:

• Meredith Paynter (Partner, Mergers and Acquisitions)
• Rhys Casey (Partner, Mergers and Acquisitions)
• Lizzie Knight (Partner, Mergers and Acquisitions
• Jason Watts (Partner, Mergers and Acquisitions)

Overview:
The authors of the KWM Directions 2025 Report, Meredith Paynter, Rhys Casey, Lizzie Knight and Jason Watts, delve into the latest findings on what is ‘top of mind’ for Australian businesses. This episode is packed with insights on how Australian directors and senior business leaders are thinking about the adoption of AI, corporate culture and tackling red tape. 

To read more, download the KWM Directions 2025 Report.

Key Points Discussed:

1. Survey results on the short- and medium-term priorities of Australian directors and senior business leaders, including the ongoing focus on profitability, and improving productivity growth.
2. AI strategies and barriers to implementation across Australian businesses.
3. Geopolitical and geo-economic risks, and how businesses are scenario planning while maintaining optimism.
4. Cutting red tape to help drive productivity growth.
5. Culture at an inflection point, as the focus on innovation and AI overtakes the focus on corporate culture as a strategic priority for the first time in our survey history.