KWM Podcasts: Recent Episodes
King & Wood Mallesons
Welcome to King & Wood Mallesons' podcast channel. Here you can browse and listen to all our content - the latest cases, legal issues, market trends and insights from our practice groups, conversational deep dives with our leaders and people of note, and a sense of perspective on what we do - and why - with our responsible business team and people from across the firm, our clients and more. Enjoy!
What happens when multiple insureds are drawing on the same policy?
In the latest Mallesons and Stewarts podcast, Peter Yeldham, Mandy Tsang and James Breese unpack the Australian and English approaches to four perennial issues in insurance claims where multiple persons are insured under the same policy: notification, allocation, erosion of policy limits, and insured vs insured exclusions.
Read more here: Mallesons Insurance Pocketbook 2026 and Stewarts Policyholder Review 2026
How are leading legal teams using AI today - and what might the future legal function look like?
In the latest episode of AI Now, Microsoft's Head of Legal for Australia and New Zealand, Ben Gilbert, joins Mallesons Partner Bryony Evans and Head of Cyber Cheng Lim for a practical discussion on how Microsoft is using AI and what he's seeing at other ‘AI frontier’ organisations. They discuss…
- The transition to agentic workflows
- Building an AI-powered ‘front door’ to legal advice
- Scaling through technology before headcount – and prioritising culture
- The shift from ‘legal as a service’ to ‘legal as a platform’
- And more.
Keen for more AI content? Join us at the Mallesons Digital Future Summit this August. Hear from Professor Toby Walsh on workplace transformation and Dragonfly Thinking founder Anthea Roberts on using AI to improve strategic decision-making, along with other leading authorities across cyber, privacy, quantum, productivity and more.
What does it mean to belong nowhere? In this episode, host Clem Johnson sits down with Associate Professor Radha Govil and Dr. Jade Roberts from the Peter McMullin Centre on Statelessness at Melbourne Law School to unpack one of the world's most overlooked human rights crises. They discuss the link between statelessness and refugee displacement, the world's first global statelessness caselaw database - built in partnership with Mallesons, and what it will take to drive systemic change for the 4.5 million+ people who are not recognised as citizens of any country in the world.
CREDITS:
Host: Clem Johnson
Executive Producer & Editor: Pariya Taherzadeh
Co-Producers: Clem Johnson, Tania Winlaw & Elise Perry
Video Editor: Pariya Taherzadeh
Content warning: This episode contains discussions of child trauma and suicide.
Every year in Australia, hundreds of thousands of concerns are raised about children's safety. In this episode, host Clem Johnson sits down with Dr. Katrina Lines, CEO of Act for Kids, and Emma Costello, Partner at Mallesons, to explore how organisations and law firms can go beyond funding to drive real change for children and families. They discuss trauma-informed care, centring children's voices, early intervention, and what genuine community partnership looks like in practice.
Hosts: Rod Smythe, Jonathan Grant and Lizzie Knight
Summary: In this episode, Mallesons partners Rod, Jonathan and Lizzie discuss the current state of the energy M&A market, including deal trends, activity drivers and the regulatory overlay.
Key topics discussed:
- mid-market processes becoming exclusive much earlier
- the sophisticated mechanisms being used to allocate risk between buyers and sellers
- how FIRB strategy is becoming a competitive differentiator in energy transactions
- where regulatory focus is intensifying — and practical approaches participants are taking to manage approval risk
What does it take to implement AI responsibly? In this episode of AI Now, host Bryony Evans is joined by Fernando Mourão, Head of Responsible AI at SEEK, alongside Mallesons partner Michael Swinson. Hear lessons from a leading organisation that has been building since 2019, including how to move beyond compliance-driven approaches and put people first in AI transformation.
Key topics
- Moving beyond compliance (6:30)
- Setting the right pace for AI adoption (11:20)
- Don’t wait for regulation - focus on your AI systems (15:05)
- Guidance (including in Singapore and Australia) that can help (17:20)
- Inside SEEK’s responsible AI journey (18:45)
- Lifting AI governance maturity and enabling innovation (20:40)
In this episode of Power Perspectives, we discuss the evolving dynamics of Australia’s gas market across the east and west coasts. With gas playing a critical role in the energy transition—supporting renewables, ensuring system reliability, and underpinning export revenues—our panel explores key market developments, policy, pricing trends, and investment drivers shaping the sector.
Key topics:
- East coast gas market: supply pressures and policy developments
- West coast gas market: balanced for now, tightening ahead
- Nationally, Australia faces a tightening gas market toward 2030, requiring sustained investment
- Domestic gas pricing, investment and project structuring trends
The obligation to act efficiently, honestly and fairly is increasingly shaping ASIC enforcement strategy. In this episode, host Nathan Hodge is joined by dispute resolution partners Amanda Engels and Damian Lovell to discuss how recent cases are expanding the obligation and what this means for financial institutions.
Key topics discussed
- How ASIC is using efficiently, honestly and fairly in enforcement
- Governance and systems expectations from recent cases
- Cyber risk and scam prevention obligations
- Application beyond traditional financial services conduct
- The intersection with other obligations such as trustee duties under the SIS Act
- Practical implications for financial institutions
AI Now is back with Part 2 on AI’s impact for the workforce, and this time we hear about the widespread use and risks of AI‑driven performance and monitoring tools, Australia’s first AI-specific workplace safety laws, and why governance - particularly at board level following the Star decision – is a live issue.
Employment law expert Cilla Robinson joins co-hosts Cheng Lim and Bryony Evans to talk about:
- When AI performance tools cross the line - including where ‘people are effectively being managed by an algorithm’ - and where they can add genuine value
- The three things boards should add to their next agenda
- Why it’s important to keep decision-making paper trails – and the tension between fast-moving technologists and lawyers
- What the new duty in NSW means and what to watch as SafeWork NSW guidance and consultation develops, including permit-holder right of entry to inspect these systems - as Cilla puts it, ‘your algorithm is now part of your work system in the same way as any other hazard that needs to be considered from a safety perspective’
- And more!
In this episode, Peter Yeldham and Travis Toemoe examine, at an aggregate level, recent insurance coverage decisions for the Insurance Pocketbook 2026. Their analysis reflects what the data reveals about insurance litigation trends and outcomes.
Key topics discussed:
- Where insurance coverage disputes are being litigated
- Who is winning those disputes
- Which sectors and policies dominate the litigation landscape
We turn to one of the most live issues for organisations right now: AI and the workforce. Employment law expert Cilla Robinson joins AI Now co-hosts Cheng Lim and Bryony Evans to unpack what clients are dealing with right now.
Key topics discussed in this episode:
- Why AI risk is often about work redesign, not mass job losses
- How algorithms are changing performance, monitoring and decision‑making
- Where employers are tripping up on consultation and oversight
- Why humans still need to stay firmly in the loop.
Hosts: Rob Smythe and Vishal Ahuja
Summary: In this episode of Power Perspectives – ‘Offshore Wind in the Inland Sea’ - KWM partners Rod Smythe and Vishal Ahuja examine the proposed mega-scale Inland renewable energy zone in far western New South Wales and its potential role in the energy transition. They also discuss why Australia’s offshore wind ambitions are becoming less likely, facing rising costs and policy uncertainty.
Key Topics Discussed:
- The outlook for offshore wind in Australia
- Cost pressures affecting renewable projects
- The proposed mega renewable energy zone development in western New South Wales – the ‘Inland REZ’
- Transmission challenges and project sequencing
- The role of government in supporting large-scale projects
Tune in to hear how large-scale onshore renewable projects may re-shape Australia’s energy transition and the policy and market considerations that will determine their success.
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.
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
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
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:
- 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.
- AI strategies and barriers to implementation across Australian businesses.
- Geopolitical and geo-economic risks, and how businesses are scenario planning while maintaining optimism.
- Cutting red tape to help drive productivity growth.
- 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.
Duration: 12.41
Host: Sam Farrands, KWM Head of Projects
Guest: Serafina Muryanti, ABNR, Indonesia
Summary:
Public-private partnerships (PPPs) are fuelling Indonesia’s infrastructure growth across sectors including transport, telecommunications, water, healthcare and more.
KWM’s Head of Projects, Sam Farrands, speaks with Serafina Muryanti, Partner at leading Indonesian law firm ABNR, about the country’s evolving PPP landscape and the opportunities it presents for foreign investors.
Key topics:
- The growing role of PPPs in Indonesia’s next wave of infrastructure development
- The current regulatory framework, including Presidential Regulation No. 38 of 2015
- Unique aspects of Indonesia's PPP model, such as fiscal support mechanisms and government guarantees
- What foreign investors need to know about stakeholder engagement in Indonesian projects
- Emerging opportunities across key sectors - water, transport, waste, healthcare and housing
- Practical tips for partnering with government and local investors.
You can read their key takeaways in full here: https://kwm.digital/ppp-indonesia
For more regional insights, subscribe to KWM's View from Asia: https://kwm.digital/subscribe-view-from-asia
King & Wood Mallesons’ annual Class Actions in Australia report has become a defining source of insight into Australia’s evolving litigation landscape.
In this episode, Partners Moira Saville and Peta Stevenson unpack the major findings from the 2024/25 Review, exploring the record numbers, landmark judgments and emerging risks shaping class action activity nationwide.
In this episode they discuss:
- The story behind this year’s record filings and settlements
- The High Court’s role in redefining class closure powers and funding models
- The growing reach of privacy and employment claims
- What recent judgments mean for governance, disclosure and executive accountability
Listen now and read the full report The Review: Class Actions in Australia 2024/2025 available here.
Hosts: Tim Sumner, Adam Black
Duration: 18.25
Summary: In this episode of Power Perspectives, KWM Energy partners Tim Sumner and Adam Black delve into the recently released Queensland Energy Roadmap. They explore what this roadmap means for the Queensland energy market and the opportunities it presents for clients and stakeholders.
Key Topics Discussed:
- Overview of the Queensland Energy Roadmap: Understanding the Plan's focus on affordability, reliability, and sustainability and the changes the 2025 Roadmap makes from the 2022 Queensland Energy and Jobs Plan
- Energy Mix: The blending of renewable and conventional generation to meet energy needs in Queensland. This includes strategically planning for the continued presence of coal in the energy mix and the short to medium term necessity of gas for firming renewables, with potential pumped hydro into the future
- Private Sector Investment: Encouraging private sector involvement in Queensland's energy transition to ease pressure on the State’s balance sheet. The unique features of Queensland’s energy market due to the lack of historical privatisation
- Green and amber light projects: Discussion around immediate and medium to long term energy and infrastructure pipeline, including the more cautious approach being taken towards large pumped hydro projects
- Transmission and Regional Energy Hubs: The strategic shift from renewable energy zones to market-led regional energy hubs
- Role of QIC: Understanding QIC's investment banking-type role in facilitating private sector involvement and structuring deals.
Tune in to discover how Queensland's energy roadmap is shaping the future of energy in the region and the strategic opportunities for private sector involvement in the transition.
In this episode of Power Perspectives, KWM’s Energy Partners Rod Smythe, Vishal Ahuja and Shirley Cheng unpack Australia’s newly proposed 2035 climate targets and what they mean for the energy sector.
Drawing on insights from a recent KWM Energy Insight Series event featuring Matt Kean, Chair of the Climate Change Authority, and Nevenka Codevelle, CEO of ASL, the discussion explores the practical challenges of achieving a 62–70% emissions reduction from 2005 levels and the scale of the transition required to meet those goals.
Key Topics Discussed
- How Australia’s new 2035 climate targets were set and their implications for energy generation
- The electricity industry’s role in delivering more than half of the required reductions
- The scale of investment and build needed, six-fold growth in storage and tripled solar capacity
- Challenges around transmission, approvals, workforce and social licence
- Financing the transition through policy clarity and government underwriting
Tune in to hear how the energy industry can bridge the gap between policy ambition and delivery and what needs to change to make the 2035 targets achievable
Duration: 22.29
Host: Katherine Ke, KWM Register Foreign Lawyer
Guest: Duong Thi Mai Huong, Frasers Law Company Partner, Vietnam
Summary:
Vietnam is changing how personal data is protected. The new law, effective from January 2026, will affect local and foreign businesses.
In the latest episode of KWM’s View from Asia, Katherine Ke and Duong Thi Mai Huong unpack the new rules and what they mean for anyone doing business in Vietnam. They discuss the scope of the law, what counts as consent, who needs to comply, what documents must be filed and the real risk of penalties.
How does the law compare to others in Asia - and what should you do now? You can read their key takeaways in full here: https://kwm.digital/data-protection-vietnam
Key topics:
- Vietnam’s journey towards data protection and an overview of the new law — Law No. 91/2025/QH15 on Personal Data Protection (PDPL)
- Extra-territorial reach and implications for foreign businesses
- The strict requirements around consent — what counts, how to prove it, and why it matters
- Compliance obligations, including mandatory data impact assessments
- The consequences of non-compliance — with significant penalties on the horizon.
Tune in to hear what this means for your business and why planning ahead is essential.
For more regional insights, subscribe to KWM's View from Asia: https://kwm.digital/subscribe-view-from-asia
Hosts: Nicola Yeomans (KWM Partner & Co-Head of Private Capital) and Will Heath (KWM Partner)
Duration: [16:38]
Summary:
Asian capital is increasingly shaping Australia’s biggest deals. In this episode of KWM’s View from Asia, Nicola Yeomans and Will Heath share insights from the AFR Asia Summit — exploring inbound investment trends, key sectors and the regulatory landscape.
They discuss why Japanese, Singaporean and other Asian investors are active in Australia, the growing role of Singapore as a financial hub, and how intra-Asia investment is expanding. Regulatory developments and sector hotspots like data centres are also in focus. You can read their key takeaways in full here: https://www.kwm.com/global/en/insights/latest-thinking/asias-capital-is-on-the-move-the-view-from-australia-and-singapore.html
Key topics:
- How Asian capital is driving Australia’s largest deals
- Inbound investments to Australia from Japan, Singapore and beyond
- Sector hotspots — from data centres to digital assets
- The regulatory backdrop — FIRB, ACCC and deal timelines
- Intra-Asia investment growth and Singapore’s role as a regional hub.
Listen in for a clear take on Asia’s capital flows — and what they mean for your next move.
For more regional insights, subscribe to KWM's View from Asia: https://landing.kwm.com/Subscribe-view-from-asia
In this episode of the NEXT KWM Responsible Business Podcast, hosts Clem Johnson and Dan Creasey explore how businesses can lead meaningful, lasting change by learning from nature and embracing adaptive networks. Joined by special guests Sarah Downey (CEO, Shared Value Project Australia and New Zealand) and Leith Sharp (Director, Executive Education in Sustainability Leadership, Harvard University), the conversation delves into the intersection of business, law, community, and society.
Key topics discussed:
- The power of adaptive networks and collective intelligence in driving organizational change
- How biomimicry and indigenous knowledge can inspire innovation and resilience
- The importance of authentic leadership, psychological safety, and storytelling in embedding sustainability
- Overcoming barriers to integrating sustainability into core business strategy
- Real-world examples of change agents and the “squiggle” journey of bringing ideas to life
Whether you’re a business leader, sustainability professional, or change agent, this episode offers practical insights and inspiration for shaping a better, more sustainable future.
Tune in, subscribe, and join the conversation! #Sustainability #Leadership
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.
Hosts: Rod Smythe, Shirley Cheng, Vishal Ahuja
Duration: 16.35
Summary:
In this episode of Power Perspectives, KWM’s Rod Smythe, Shirley Cheng, and Vishal Ahuja break down the Nelson Review, a major government-backed initiative set to drive investment in firmed renewables and storage on Australia’s East Coast.
The team explores the Review’s headline reforms and what they mean for investors, developers and energy sector stakeholders. They discuss how the proposed changes aim to boost market confidence, improve contract liquidity and facilitate greater participation from both traditional and emerging energy technologies.
Key Topics Discussed:
- The Electricity Services Entry Mechanism (ESEM)
- Standardised contracts and market liquidity
- Mandatory Market Making Obligation regime and its impact on contract availability
- Increasing participation from virtual power plants, batteries and large energy users
- Opportunities and challenges for long-duration storage and firming services
Tune in to hear how the Nelson Review could reshape Australia’s energy market and what it means for those navigating the energy transition.
Digital Future Summit Series Episode 8: AI in the Workplace
Presenters:
- Sarah Clarke, KWM
- Bran Black, Business Council of Australia
- Barbara Hyman, Sapia.ai
- Edward Santow, Human Technology Institute
- Lee Hicken, National AI Centre
In the final episode of KWM’s Digital Future Summit Series, legal, business and technology leaders consider the transformative impact of AI in the workplace. They discuss the tension between productivity gains and job security, acknowledging the need for transparency and engagement for successful AI adoption. The conversation also explores workforce transformation, skills demand, and the future of AI governance.
Key Points:
- Workers want to be upskilled and involved in how AI is introduced in their workplaces.
- AI can elevate human potential by automating repetitive tasks and enhancing decision-making.
- Australia faces a productivity challenge that AI can help address, but it requires a supportive regulatory environment.
- Businesses must foster a culture of AI literacy to build confidence and encourage innovation among employees.
- Regulation should focus on existing frameworks while addressing gaps to promote safe and effective AI adoption.
Additional Resources here:
https://pages.kwm.com/directions-report
https://www.pc.gov.au/inquiries/current/data-digital#interim
https://aiagenda.bca.com.au/
https://www.kwm.com/au/en/insights/latest-thinking/ai-in-the-australian-finance-industry-opportunities-risks-and-benefits.html
https://www.industry.gov.au/publications/australias-artificial-intelligence-ecosystem-growth-and-opportunities
https://www.bca.com.au/unlocking_australia_s_r_d_potential
https://kpmg.com/au/en/insights/artificial-intelligence-ai/trust-in-ai-global-insights-2025.html
https://ministers.treasury.gov.au/ministers/jim-chalmers-2022/articles/opinion-piece-australia-shouldnt-fear-ai-revolution-we-can
Digital Future Summit Series Episode 7: Board strategies for cyber security and AI innovation
Presenters:
- Cheng Lim, KWM
- Andy Penn, Director
- Richard Dammery, Director
- Catherine Brenner, Director
A group of highly experienced business leaders discuss the intersection of cybersecurity and AI governance for Boards. They explore ways to manage risks, stay informed, and leverage AI innovation while ensuring organisational resilience.
Key Points:
- Cybersecurity is a critical risk that must be prioritised on every organisation's risk register.
- Developing an inventory of digital assets is essential to protect against malicious cyber activity.
- Crisis management plans should be established and tested before an incident occurs.
- Collaboration among industry players enhances resilience and strengthens defense against cyber threats.
- Organisations must embrace AI responsibly, balancing innovation with effective risk management strategies.
Resources:
NIST cybersecurity framework
KWM Cyber Resources
AICD Cyber Security Governance Principles
KWM and Sapiere: AFIA Report on AI in the Finance Industry
Digital Future Summit Series Episode 6: Trends in crypto, payments and fintech
Presenters:
- Urszula McCormack, KWM
- John Ho, Standard Chartered Bank
- Shiau Sin Yen, Titan Fund
- Yvonne Tsui, Hong Kong Monetary Authority
In this episode of the Digital Future Summit Series, we explore the evolving landscape of digital finance in 2025. Our expert panel discusses the rapid advancements in crypto markets, stable coins, tokenisation, and regulatory frameworks across Asia and beyond. Join us for a deep dive into the key trends shaping the future of digital finance.
Key points:
- The total crypto market cap has surged to approximately $3.5 trillion, with Bitcoin routinely trading over $100,000.
- Institutional adoption is accelerating, with significant interest in stable coins and tokenised assets for payments and fundraising.
- Regulatory clarity is emerging globally, fostering innovation and investor protection in sophisticated digital asset markets.
- Digital identity and interoperability are crucial for reducing friction and enhancing access to financial services.
- Asia is leading the charge in crypto adoption, driven by young tech-savvy populations and progressive regulatory frameworks.
Additional Resources here:
In Australia...
Crypto custody: ASIC expands its Regulatory Guidance under RG 133 - KWM
The future of digital money is coming – evolutionary steps for Central Bank Digital Currency (CBDC) in Australia
Token a closer look at the impact of digital asset cases on financial markets - KWM
In Hong Kong...
Gen AI Guide for Financial Institutions
Hong Kong’s new stablecoins law: what issuers and distributors need to know
Hong Kong’s Stablecoins Ordinance goes live today: What you need to know - KWM
Hong Kong Monetary Authority - Fintech Supervisory Sandbox (FSS)
SFC Publishes Fresh Guidance for Virtual Asset Exchange Licensing - KWM
Digital Future Summit Series Episode 5: ASIC Chair Joe Longo
Presenters:
- Alex Elser, KWM
- David Friedlander, KWM
- Joe Longo, ASIC Chair
In this episode of the Digital Future Summit series, ASIC Chair Joe Longo discusses the corporate regulator’s discussion paper into private and public capital markets in Australia, considering the impact of AI, markets’ operation, and the role of superannuation money. Longo shares insights from ASIC's recent paper and outlines the commission's approach to enhancing transparency and data collection in private markets.
Key Points:
- ASIC's recent discussion paper aims to reshape public and private markets in Australia, emphasising the need for market transparency.
- Why Joe Longo believes the decline in public listings is influenced more by structural factors than regulatory burdens.
- Why ASIC seeks greater data visibility in private markets to enhance its understanding of capital flows and investment practices.
- How the commission is exploring the potential of digital financial reporting as a way to modernise market practices – and wider potential law reform.
- The importance of balancing regulation and innovation, particularly in the rapidly evolving AI landscape.
Additional Resources here:
https://download.asic.gov.au/media/44hh5ctv/australia-s-evolving-capital-markets-a-discussion-paper-on-the-dynamics-between-public-and-private-markets.pdf
https://www.kwm.com/au/en/insights/latest-thinking/asics-private-markets-review-the-next-chapter.html
https://www.asic.gov.au/about-asic/news-centre/inside-asic-podcast/#series2-episode2
https://www.asic.gov.au/regulatory-resources/find-a-document/consultations/dp-australia-s-evolving-capital-markets-a-discussion-paper-on-the-dynamics-between-public-and-private-markets/#submissions
https://www.asic.gov.au/about-asic/news-centre/find-a-media-release/2025-releases/25-096mr-asic-clears-path-for-faster-ipos/
Digital Future Summit Series Episode 4: Privacy Commissioner Carly Kind
Presenters:
- Michael Swinson, KWM
- Bryony Evans, KWM
- Australian Privacy Commissioner Carly Kind
Australian Privacy Commissioner Carly Kind discusses developments in privacy law reforms, the implications of AI and emerging technologies on privacy, and the regulatory landscape for data protection in Australia. Commissioner Kind highlights key priorities for the Office of the Australian Information Commissioner, focusing on the importance of balancing privacy protections with the benefits of innovation in the digital economy.
Key points:
- Passing of the first tranche of privacy law reforms and new statutory tort for serious invasions of privacy – an important step for individual rights and regulatory enforcement.
- The OAIC’s regulatory priorities: addressing persistent privacy harms, particularly in the online realm, and rebalancing power asymmetries to protect vulnerable groups.
- Commissioner Kind highlights the need for clarity on how existing privacy laws apply to new technologies like AI and the importance of transparency.
- The conversation covers development of the Children's Online Privacy Code and the need for age-appropriate consultations to ensure children's privacy protection.
- Commissioner Kind discusses the value of collaboration with other regulators, both domestically and internationally, to address privacy challenges particularly regarding emerging technologies like AI and facial recognition.
Additional Resources here:
KWM Insight | First tranche of privacy law reforms – breading down the Privacy Amendment Bill
KWM Insight | Statutory tort for serious invasions of privacy
KWM Insight | Introduction of social media ban
KWM Insight | Social Media Minimum Age Bill Introduced
KWM Insight | Rebooting the system – the Government announces its plans for the Consumer Data Right
Digital Future Summit Series Episode 3: Productivity Commission Chair Danielle Wood
Presenters:
- Annabel Griffin, KWM
- Jennifer Barron, KWM
- Danielle Wood, Productivity Commission Chair
In this episode of the Digital Future Summit Series, Chair of the Productivity Commission Danielle Wood explains her role and the productivity imperative Australia faces. The discussion covers the economic landscape, challenges and opportunities presented by AI and data, and the importance of regulatory reform in fostering a dynamic economy. Danielle details the Productivity Commission's current inquiries and outlines actionable recommendations to enhance competition, efficiency, and sustainable growth as Australia navigates its transition to a clean energy future.
Key Points:
- Danielle Wood highlights productivity’s essential role in driving sustainable improvements in living standards.
- The conversation unpacks Australia’s low productivity growth and the implications for future generations.
- Wood addresses the complexities of regulatory burdens on businesses and the need for a cultural shift in policymaking to prioritise growth.
- Exploring the potential for AI and data to enhance productivity and innovation, Wood advocates for a balanced regulatory framework that encourages technology adoption while managing associated risks.
- Looking at the productivity implications of Australia's clean energy transition, Wood stresses the importance of harmonizing regulations across jurisdictions and creating market-based signals to attract investment in sustainable initiatives.
Additional Resources here:
- Five pillars of productivity inquiries
- Economic Reform Roundtable | Treasury.gov.au
- Interim Report - Creating a more dynamic and resilient economy
- Interim Report - Harnessing data and digital technology
- KWM’s AI regulatory map
- Interim Report - Investing in cheaper, cleaner energy and the net zero transformation
- KWM’s update on the NEM Wholesale Markets Review
- https://www.kwm.com/au/en/insights/latest-thinking/australian-government-gets-ai-ready-new-ai-technical-standard-and-launch-of-gov-ai.html
- https://treasury.gov.au/review/economic-reform-roundtable
Digital Future Summit Series Episode 2: the ACCC on Balancing Innovation and Competition
Presenters:
- Caroline Coops, KWM
- Peta Stevenson, KWM
- Gina Cass-Gottlieb, ACCC Chair
In episode 2 of the Digital Future Summit Series, Caroline Coops and Peta Stevenson are joined by Gina Cass-Gottlieb, the Chair of the Australian Competition and Consumer Commission (ACCC), to discuss the findings and implications of the ACCC's Digital Platforms Inquiry. The conversation covers the balance between innovation and competition, the challenges of regulating fast-paced digital industries, and the critical role of consumer trust in fostering a thriving digital economy.
Key Points:
- The eight-year journey of the ACCC's Digital Platforms Inquiry, which began in 2017, focusing on the impact of digital platforms on competition, media, and advertising.
- Gina Cass-Gottlieb’s preferred regulatory approaches, favouring a combination of forward-looking (ex ante) regulation alongside traditional enforcement (ex post) to manage changing technology markets.
- The importance of fostering innovation while mitigating competitive harm.
- How consumer trust is essential for the successful adoption of digital services.
- The significance of collaboration among international regulators to address common challenges.
Additional Resources here:
ACCC Digital Platforms Inquiry - Timeline
Second Term’s a Charm: Labor’s ambitions for competition and consumer law reform
ACCC media release: Regulatory reform in digital platform markets is needed to improve competition and consumer outcomes
Digital Future Summit Series Episode 1: AI & Great Powers – In Conversation with Jeffrey Ding
Presenters:
- Cheng Lim, KWM
- Jeffrey Ding, Author
In the opening episode of KWM’s Digital Future Summit Series, Cheng Lim speaks with Jeffrey Ding, assistant professor of political science at George Washington University and author of the critically acclaimed book, Technology and the Rise of Great Powers. They explore the concept of General Purpose Technologies (GPTs), the dynamics of technology diffusion, and the implications for global competition, particularly between the US and China. This discussion sheds light on the essential role of AI in shaping future productivity and the lessons that nations, including Australia, can draw from historical technological revolutions.
Key Points:
- Jeffrey explains GPTs and how they differ from other technological advancements.
- Why the ability to effectively diffuse technology across a nation’s economy is crucial for productivity gains.
- Jeffrey illustrates how countries like Britain and the US capitalized on GPTs to become global leaders.
- While China is making strides in AI innovation, it struggles with diffusion and adoption.
- What should Australia should focus on regarding AI strategy?
Additional Resources here:
Digital Future Summit (kwm.com)
Data & Tech: Navigating a connected world
AFIA Report - AI in the Australian finance industry: Opportunities, risks and benefits - KWM
KWM’s AI insights page – contains articles, regulatory trackers & previous seminars
- The KWM Map of AI Regulation in Australia
- AI race heats up: What US export controls mean for Asia
KWM APAC Data Centre Regulatory Guide
ChinAI Newsletter | Jeffrey Ding | Substack
Five pillars of productivity inquiries - Productivity Commission
In this episode, we’re joined by two fabulous guests:
- Jon Owen, CEO and Pastor of Wayside Chapel, with over 20 years’ experience supporting those facing homelessness, addiction, and mental health challenges.
- Cilla Robinson, KWM Partner in the Employee Relations and Safety team, recognised as one of Australia’s best lawyers in Labor and Employment Law.
Key topics explored in this episode:
- The root causes of loneliness and social isolation in our communities and workplaces.
- The difference between loneliness and social isolation, and why both matter for mental health and productivity.
- The effects of remote work, digital connection, and workplace culture on our sense of belonging.
- Practical strategies for organisations to foster collaboration, open communication, and genuine community.
- The importance of partnerships between businesses and community organisations to address complex social issues.
Listen now on your favourite podcast platform, and don’t forget to subscribe and share your thoughts with us.
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 Episode 4 of the FS Reg Room podcast, hosts Michelle Chen and Nathan Hodge dive deep into the world of digital advice, exploring its applications in the financial services industry. They discuss the evolving landscape of digital advice tools, the regulatory framework, and the future potential of generative AI in enhancing user experience. This episode is a must-listen for anyone interested in understanding how technology is reshaping financial advice.
Key Points Discussed:
- Definition and practical applications of digital advice, including its differentiation from traditional advice.
- The role of digital advice in catering to the self-service segment of the financial services market.
- Key regulatory considerations, including AFS licensing and compliance requirements for advice providers.
- The importance of user experience and balancing compliance with usability in digital advice tools.
- Future trends, including the potential impact of generative AI on digital advice and the anticipated regulatory reforms in the financial services sector.
In this second episode of the It's Public podcast, Antonella Pacitti, Jennifer Barron and Lizzie Knight discuss Australia's new mandatory merger notification regime, unpacking how the ACCC's major changes to competition approvals will impact dealmaking.
Conversation focuses on:
- implications for cross-border deals which also require Foreign Investment Review Board (FIRB) approval.
- the increased regulatory risk and compliance challenges for deal completion, including how compatible Australia's markets are with "Hell or High Water" clauses requiring bidders to accept any regulatory conditions imposed
- impacts for deal valuation in volatile markets
- the rise in national security-driven regulatory decision-making, especially in critical minerals.
In episode 4 of KWM’s Responsible Business podcast NEXT, hosts Clem Johnson and Dan Creasey dive deep into the critical intersection of business and human rights, exploring how companies can transform human rights from a compliance checkbox to a strategic advantage.
Key Topics:
- The Evolving Landscape of Business and Human Rights
- Current challenges in implementing human rights principles
- Global trends and international standards
- The role of businesses in protecting human rights
- Practical Implementation Strategies
- Mapping human rights risks across operations and supply chains
- Developing robust human rights policies
- Creating effective grievance mechanisms
- Importance of workforce education
- Legislative and Policy Reforms
- Potential national Human Rights Act for Australia
- Modern Slavery Act reforms
- Mandatory due diligence obligations
- Introducing penalties for non-compliance
Recommended Resources:
- UN Guiding Principles on Business and Human Rights
- Australian Human Rights Commission's Free and Equal Project
- Modern Slavery Act Review Publication
In episode 3 of KWM’s Responsible Business podcast NEXT, hosts Clem Johnson and Dan Creasey dive deep into the world of pro bono legal services with guests Christina Carney from NAB and Elise Perry from KWM. The conversation explores the critical role of pro bono work in helping to bridge access to justice, highlighting how lawyers can create meaningful social impact by providing pro bono to individuals and organisations. Through personal stories and professional insights, the episode reveals the transformative potential of pro bono work, demonstrating how lawyers can be powerful allies in addressing systemic social challenges.
Key Topics:
- Pro bono legal work is fundamentally about providing free legal assistance for the public good, extending beyond individual cases to create systemic change.
- Corporate leadership plays a crucial role in establishing and sustaining pro bono programs, with senior executives like NAB's Sharon Cook driving cultural transformation.
- The future of pro bono work is increasingly focused on long-term, strategic interventions in addition to addressing immediate legal needs.
- Technology, including AI, presents emerging opportunities to expand the reach and efficiency of pro bono legal services.
- Successful pro bono programs require dedicated teams, leadership support, and integration into core professional responsibilities.
- Evaluation and impact measurement are becoming more sophisticated, moving beyond hours worked to understanding actual client outcomes.
- A new generation of purpose-driven lawyers is emerging, seeking meaningful opportunities to contribute to social justice through their legal careers.
- Effective pro bono work depends on genuine partnerships with community organisations, ensuring interventions are community-led and responsive to real needs.
Host Nathan Hodge and guests Caroline Coops and Simon Cooke delve into the significant changes brought about by the upcoming merger reforms, and the implications for the financial services industry and beyond. This episode covers the complexities of the new regulatory landscape, including the broad types of transactions captured, how much it will cost, timelines, potential pitfalls and what companies should start doing now to prepare.
This episode is essential listening for anyone with plans to acquire or sell assets.
For all you need to know about merger reforms, see the Merger Reform Hub on the KWM website.
Key Points Discussed:
- Overview of the new regime – what is changing and what it means for you.
- How to transition into the new regulatory landscape for companies buying and selling between now and next year.
- The type of information you’ll need to provide under the new notification process.
- How to create a runway for deals in process or coming up – and how to set up your due diligence and market share data now.
- What it will cost and potential pitfalls to avoid.
In episode 2 of KWM’s Responsible Business Podcast NEXT, hosts Clem Johnson and Dan Creasey explore the critical issue of the digital divide and its impact on education and social equity now and in the future. They are joined by Doug Taylor, CEO of The Smith Family, and Silvia Griselda, Research Manager at E61 Institute, to discuss the barriers to digital inclusion, the role of technology in education, and the broader economic implications of digital exclusion.
Key Topics:
- The significance of the digital divide in education and its impact on disadvantaged students.
- The role of access, affordability, and digital skills in bridging the digital divide.
- The importance of digital literacy and the challenges faced by educators and parents.
- Successful strategies and interventions to improve digital inclusion.
- The potential of AI and technology in enhancing educational outcomes and workforce readiness.
In the first episode of KWM’s Responsible Business Podcast NEXT, hosts Dan Creasey and Clem Johnson explore the intersection of business and nature with Rachel Lowry, CEO of Bush Heritage Australia.
They discuss the importance of integrating nature into business strategies, the challenges and opportunities of conservation, and the role of partnerships in achieving a nature-positive future. Rachel shares insights from her career in wildlife conservation and highlights the significance of protecting habitats and biodiversity.
Key Topics:
- Business and nature
- Habitat loss and conservation
- Partnerships and biodiversity
- Climate change and natural capital
- AI technology in landscape management
- Shared values and business strategy
- Community resilience
Welcome to the NEXT podcast series - where we sit down with bold thinkers, innovators, and changemakers to explore what’s just around the corner and how business and community groups can prepare for it, together.
In this first season Clem Johnson, KWM's Head of Social Impact and Shared Value and Dan Creasey, Director of Responsible Business at KWM go deep with thought leaders and changemakers on issues such as the importance of trust-based relationships with communities and future talent, loneliness, social isolation, and mental health in the workplace, and how these forces are shaping our lives and communities. How inequality is growing in Australia, with more people living below the poverty line, struggling with insecure work, rising costs, and limited access to essentials like education and healthcare, among many others.
This podcast series will sit alongside our regular, twice annual publication on what’s coming NEXT for society, the environment, businesses and the communities in which they operate.
If you are passionate about understanding the forces shaping our world and exploring how we can collectively build a better future, listen to Episode 1 on Bush Heritage and subscribe to KWM podcasts where new episodes will drop fortnightly.
Hosts: Rod Smythe, Josh Thorneycroft, Jonathan Grant
Duration: 25:32
Summary:
In the first episode of KWM’s Power Perspectives podcast, KWM Energy Partners Rod Smythe and Josh Thorneycroft, and with M&A Partner Jonathan Grant dissect the state of Australian energy market in 2025.
They explore the significant shift from traditional thermal generation to renewable energy sources and the investment opportunities that arise from this transition.
Key Topics Discussed:
· Current trends in the Australian energy market
· The impact of increasing electricity demand driven by digitisation and AI
· Investment opportunities in renewables, battery storage, and gas
· The role for institutional and private investors
· Challenges posed by regulatory changes and economic factors
· The rise of smaller batteries and their implications for energy storage
· Predictions for the next phase of the energy transition in Australia
Tune in to learn how Australia is navigating its energy transition and what it means for markets and investors.
In this second episode of KWM’s FS Reg Room Podcast, host Nathan Hodge is joined by KWM Technology law Partners Cheng Lim and Bryony Evans to explore the dynamic world of generative AI and its potential to revolutionise the financial services industry.
The discussion covers use cases, adoption trends, and the potential long-term effects of AI technology, including soon-to-be-released research from Sapere and KWM for AFIA on the economic and associated benefits of Gen AI implementation in the finance industry.
The experts explore the misconceptions surrounding AI, the barriers to its implementation, the regulatory landscape that governs its use and important considerations for any reform.
Tune in to discover how generative AI is reshaping the industry and the steps organisations can take to harness its potential while managing associated risks.
What now and what next for employers navigating the rapidly and radically altered Diversity, Equity, and Inclusion landscape?
KWM Employment Relations and Safety Partner Annamarie Rooding and Senior Associate Erin Richardson, together with special guest David Glasgow explore the rapidly and radically altered Diversity, Equity, and Inclusion (DEI) landscape in 2025.
David Glasgow, Executive Director of New York University Law school’s Meltzer Center for Diversity, Inclusion and Belonging, provides a comprehensive overview of the historical context and current challenges facing DEI in the US, including the backlash against DEI programs and the legal battles surrounding recent executive orders. The conversation offers a detailed comparison of the American and Australian laws on the subject, highlighting key differences and the implications for Australian businesses also grappling with increased domestic regulator focus on discrimination, equity and equality activities in their organisations. with US ties.
Together, Annamarie, David & Erin talk through strategies for navigating resistance and backlash, the importance of psychological safety, and the role of allyship in fostering inclusive workplaces. The discussion also provides listeners practical steps organisations can take to ensure compliance with Australian regulations, and to create more inclusive better and more productive workplaces.
Links: Death of DEI Part one | Part two
In the first edition of KWM’s new "It's Public" podcast, M&A partners Will Heath, Antonella Pacitti, Heath Lewis, and Paul Schroder discuss why 2025 is shaping up as a promising year for resources M&A. Their discussion covers the energy transition and uncertainty themes driving consolidation, the regulatory and dealmaking environment, geopolitical and trade uncertainty, and the financing and investment trends all fuelling resources dealmaking.
Key Topics Covered:
- Energy Transition and Uncertainty: The long-term energy transition and shorter-term uncertainty are driving consolidation in the resources sector, particularly in markets like Australia with abundant transition resources.
- Current Landscape and Consolidation Trends: Discussion on mega deals, opportunism sparked by distressed assets, and the regulatory and dealmaking environment.
- Gold and Lithium: Insights into the consolidation theme in gold and lithium M&A, including the all-scrip takeover of Latin resources by Pilbara minerals.
- Coal and Other Deals: The demand for coal, private capital filling funding gaps, and the competitive Anglo coal sale process.
- Geopolitical and Trade Uncertainty: The impact of geopolitical uncertainty on resources deals and the importance of critical mineral supply.
- Regulatory Environment: The need for efficient and fair processes around foreign investment, anti-trust, and other regulatory approvals.
- Cross-Border Deals and Capital: The role of private equity, sovereign wealth funds, and the influx of Canadian companies raising capital on the ASX.
Transcript Excerpt:
- Will Heath: "We believe it's going to be a big year for resources M&A, with a couple of big themes dominating the mining M&A landscape. The first and long arc is the energy transition, and the second and shorter arc is uncertainty. Both drivers favour markets like Australia, with abundant transition resources like copper and other crucial critical minerals, as well as in the uncertainty scope hedge commodities like gold."
Hosts and Guests:
- Will Heath: M&A Partner
- Antonella Pacitti: M&A Partner
- Heath Lewis: M&A Partner
- Paul Schroder: M&A Partner
In this inaugural episode of KWM’s FS Reg Room Podcast, host Nathan Hodge is joined by Partner Tim Bednall and Special Counsel Emma Newnham to explore the implications of Australia’s new mandatory climate reporting regime. The discussion highlights the extensive coverage of the regime, which may affect most entities operating in the financial services sector, and the critical responsibilities placed on directors regarding compliance and sustainability disclosures. Key concerns include the challenges of transitioning to mandatory reporting, the potential for increased regulatory scrutiny, and the importance of balancing ambition with transparency to avoid greenwashing.
Listen in to understand how these developments align with broader business priorities and what they mean for the financial services sector.
For more on the AGM trends discussed in this episode, you can find our report here: Deep dive into ASX200 AGMs in 2024 - KWM
KWM competition law partners Caroline Coops and Simon Cooke join M&A partner and co-author of KWM's Directions report Rhys Casey, to discuss the consequences of the sweeping overhaul to Australia's merger clearance regime.
The team talk through the changes legislated as parliament wrapped for 2024, including mandatory notification for deals exceeding $200 million in combined Australian turnover or $250 million in global value.
Caroline, Simon and Rhys unpack the implications for dealmakers navigating the new regime and transitional phase - talking tactics and timing considerations for overcoming the uncertainty ahead.
Concerns include the increased ACCC workload, the need for timely waivers and the potential for additional red tape making it harder for businesses to do deals aimed at improving their competitiveness and productivity - all key business priorities identified in the Directions report.
Bonus: Listen to the end for a fascinating prediction on what deeper deal data insights may mean for future policy-making!
For more on the merger clearance reforms, check out KWM's analysis here.
2024 has been a big year in Employment law. High profile investigations, the right to disconnect, big cases on same job same pay laws, multi-enterprise bargaining, labour hire, psychosocial risk, peeling back the onion on implications of Respect @ Work, and of course AI’s impact on employment law.
This podcast is a recording of a live conversation between KWM ERS partners Cilla Robinson, Sarah Clarke, Angela Weber and Andrew Gray from KWM's recent end-of-year event. In it, the group discusses how the big issues – and cases – have played out in 2024. And what about 2025? As a federal election looms, the partners share some predictions on lies ahead for businesses and workers.
In KWM’s 2nd podcast episode of The Review Class Actions in Australia 2023/2024 Eleanor Atkins, Sam Kinsey and Chloe Moore come together to discuss the intersection of restructuring law and class actions - sharing valuable insights on how restructuring processes can be used to manage mass tort liability.
If you haven't yet read our annual report, ‘The Review: Class Actions in Australia 2023/2024, you can dive into the details here.
Why does Australia’s cybersecurity coordinator think organisations should empower more people to play a role in defending against cyber threats? And what should they do? Lieutenant General Michelle McGuiness CSC joined KWM’s Cheng Lim in conversation at our Digital Future Summit earlier this year, providing a fascinating insight into how she sees her role:
"My job is to be there to support an entity on their worst day and ensure we can minimise the greatest amount of harm across the greatest number of people."Key takeaways include:
- How doing the ‘simple things’, like implementing multi-factor authentication, updating software and using unique passwords across different systems, will greatly reduce Australia’s vulnerability to sophisticated cyber threats.
- Why cyber security is ‘everyone’s business’ - not just an issue for IT or CISOs.
- The critical importance of understanding your IT networks and where data is stored in preparing for cyber incidents
- The importance of communication: 'You can do the best incident response, but if you fail to communicate well, then it probably doesn’t matter in terms of your reputation'
Why is Australia’s corporate regulator cautious on new AI-specific regulation? And, in an age of increasing regulatory influence, what can Chair Joe Longo’s approach reveal about his thinking as a regulatory leader?
In this conversation with KWM’s Cheng Lim at our Digital Future Summit earlier this year, Joe Longo implored businesses to innovate with AI, without losing sight of their accountability for its use. Business leaders are urged to understand the tech they employ and the regulatory environment that it operates in.
While conscious of AI's potential to create harm, Mr Longo also advocates a careful approach to its regulation - Australia should not rush into introducing new prescriptive rules he says, explaining existing tech-neutral legislation he believes is already applicable.
How does preventing digital harm evolve from ‘whack-a-mole’ action to proactively embedding safety? E-Safety commissioner Julie Inman-Grant explains her thinking to KWM’s Peta Stevenson in this conversation recorded at KWM's Digital Future Summit earlier this year.
How do Australia’s privacy regulators see their roles in amid heightened community awareness and expectations regarding individual privacy rights, driven by technological advancements and increased data-driven business models?
Check out this throwback to Former Information Commissioner Angelene Falk and Privacy Commissioner Carly Kind in conversation with KWM’s Michael Swinson earlier this year - explaining why the OAIC is wary of a 'perfect storm' of risks emerging from data breaches, supply chain vulnerabilities and the rush to harness AI.
Join Tokyo-based partner Yoshiki Tsurumaki and Perth-based senior associate Richard Shi as they talk about the energy transition in Japan in our latest KWM Podcast.
- What unique challenges does Japan faces in renewable energy due to its geography and infrastructure?
- How have Japan’s energy policies evolved since the 2011 Fukushima nuclear accident?
- What are the growth opportunities in renewable energy and hydrogen technology?
- What does Japan's regulatory environment look like - and what are the incentives for clean energy investments?
- How is the carbon credit market influencing corporate behaviour?
In this the first of 5 conversations with regulators from our 2024 Digital Future Summit, ACCC Chair Gina Cass-Gottlieb tells KWM’s Luke Woodward that consumer trust is the lifeblood of competitive markets for the ACCC. She explains why the ACCC is prioritising consumer trust and fair competition amidst the rise of digital platforms, with a keen eye on long-term market trends.
Top takeaways:
- The ACCC supports the government's review of whether Australian Consumer Law adequately covers new technologies like generative AI. Generative AI could lead to misleading and discriminatory behaviour, which the ACCC must address.
- The ACCC has built expertise in the digital sector since 2017. This allows it to track key players and trends, focusing on long-term issues rather than short-term distractions.
- Agility is critical. Businesses quickly adapt their models, and the ACCC must identify potential competition or consumer issues in these changes.
- Innovation from established digital platforms is welcome – but the ACCC is watching to guard against dominant players limiting rivals' innovation or favouring themselves.
- The ACCC works with domestic regulators and international competition bodies to share information and monitor developments, like the EU's Digital Services Act and Digital Markets Act.
In this M&A in the City Podcast from KWM, Will Heath is joined by Nicola Charlston, fresh from chairing an M&A committee meeting of the International Bar Association in Tokyo.
Together they discuss:
- What has (finally) lifted the Nikkei back to its pre 1989 crash level
- The drivers behind Japanese M&A
- The Couche-Tard offer for 7-11
- Japanese bidders going outbound
- Domestic and regional politics' impact on dealmaking
- The market outlook amongst M&A professionals
PLUS Tokyo must do's (and a must drink)!
Look out for a further in-depth look at Japanese M&A in the coming edition of M&A in the City, out soon.
In this King & Wood Mallesons Podcast, Jerome Tse and Meredith Paynter are joined by Wentworth MP Allegra Spender to discuss tax reform's role in driving productivity growth in Australia.
Ms Spender shares insights from her recent Press Club address, making the case for reform to enable productivity improvement as essential to improving living standards and driving economic growth.
Meredith summarises some key findings from King & Wood Mallesons annual Directions survey, including:
- business leaders are focussed on improving profitability and productivity in a charged political environment
- tax reform is viewed as a key opportunity to enhance productivity
- respondents expressed strong support for abolishing inefficient taxes like stamp duty and payroll tax
- better dialogue between businesses and Government are seen as critical to improving the quality of policy-making processes and outcomes
Exploring these findings, the conversation considers how cost of living issues and wedge-politics have contributed to the current dynamic, as well as what can be done to overcome the challenges.
Ms Spender emphasizes the importance of engaging with the community and businesses and discusses her plans for a green paper on tax reform, aimed at fostering broader discussions and collaboration among all stakeholders.
LINKS:
KWM Directions report 2024
Allegra Spender's National Press Club Address:
- Speech
- Slides
Federal MP Allegra Spender on her career from McKinsey to politics (AFR's 15mins with the Boss podcast)
We know a range of zero-emission energy sources and technologies will be critical to reliably and sustainably meet demand through the energy transition. Offshore wind offers efficient and unobtrusive renewable energy, meaning it has the potential to play a significant role in Australia's future energy mix.
This podcast explores that possibility as well as the challenges: The technical, logistical, environmental and social issues offshore wind projects must overcome.
KWM projects partner Rod Smythe is joined by Katie Choi, Asia-Pacific head of legal at Corio generation, a leading global offshore wind developer headquartered in London,as well as Marcus Dixson from Green Giraffe advisory, a dedicated, independent financial advisory firm with an impressive record of guiding clients through the energy transition and in offshore wind’s foundation markets in Europe.
In this KWM podcast, Partner Eleanor Atkins hosts a conversation with co-authors Peta Stevenson and Alexander Morris to unpack what’s new, what’s remained the same, and what’s on the horizon for Class Actions in Australia.
Visit our website to dive right into all the detail in the full report.
KWM Public M&A Partner Nicola Charlston and private capital / M&A Partner Anthony Boogert recently returned from International Bar Association's annual M&A conference in New York.
Together they provide a short and sharp wrap up of the hot topics in discussion in NY:
- Global M&A trends
- The outlook for public and private equity markets and IPOs
- The US election
- Key sectors like tech and healthcare,
- Geopolitics and regulatory risk like competition policy
- The 'three D's' driving dealmaking
What does it take to negotiate a new-benchmark reverse break fee? How will it impact future deals? And what does the renewed Japanese interest in Australian markets mean for M&A? David Friedlander, Daniel Natale and Antonella Pacitti dive into Australia’s biggest Australian Public M&A deal for 2024 so far.
We hear from Competition Partners Simon Cooke and Christopher Kok, as they chat to M&A Partner Antonella Pacitti on what the ACCC’s proposed merger reforms are, what Treasury has tabled in response to this, and the implication on deal strategy and deal flow.
Read more in M&A in the City.
The Closing Loopholes Bill has recently been introduced to parliament by the government which will make profound changes to the industrial relations and employment law landscape. Team members from KWM’s national Employee Relations and Safety practice Andrew Gray, Ruth Rosedale, Brett Feltham and Philip Willox sit down to unpack the changes across 4 episodes.
In episode 1, Partner Andrew Gray unpacks what the new laws are currently saying, the pain points and what employers need to do when dealing with these new provisions.
Learn more about the incoming Industrial Relations changes on our website here.
A few months on from releasing our 2023 Directions Report, Partners Meredith Paynter and Rhys Casey sit down to reflect on what Australian directors and senior business leaders were experiencing at the time of our 2023 Directions survey and if those sentiments have changed?
You can access the report here.
Senior Associate Eleanor Atkins hosts a conversation with Partners Peta Stevenson and Liam Burgess to discuss what’s new, what’s remained the same, and what’s on the horizon for Class Actions across Australia as we move into the new year.
Visit our website for the full report.
KWM partners Antonella Pacitti and Will Heath worked together on one of the biggest cross border deals announced so far this year - Newmont's $26b takeover of fellow minder Newcrest. At the same time, Antonella was also working to bring Allkem and Livent together in a $15b merger of equals, creating a vertically-integrated lithium producer to help power the energy transition. Together, Will & Antonella take you inside these deals and break down what they mean for M&A in remainder of 2023 and beyond.To access a transcript of their conversation and takeaways, as well as links to the articles discussed head to: https://www.kwm.com/au/en/insights/latest-thinking/publication/m-and-a-in-the-city-2023-june.html
King & Wood Mallesons' third annual Climate Disclosure report has analysed the ASX50's public statements on climate risk and governance, finding a new, more rigorous and consequential age has begun for companies’ climate and sustainability considerations. A mandatory climate disclosure regime looms, and recent infringement notices, investigations and proceedings by regulators show regulators are now clearly focussed on greenwashing enforcement.
Report lead author Senior Associate Emma Newnham is joined by Partners Jack Hill from the corporate M&A advisory practice, and climate litigation specialist Edwina Kwan. Together, they unpack the implications for organisations, including what comes next, with a special look over the horizon at nature based and social focussed reporting.
You can read the full report here
KWM Technology and Finance Partners Annabel Griffin, Kate Creighton-Selvay and Urszula McCormack come together to talk about the law as it applies to the space industry. This podcast will bring you a bit more on what we find so fascinating and why we think its going to be a big thing commercially.
Read our latest thinking on this subject: Lifting our gaze - an update on the Australian space industry and satellite cyber-security
Sign up for our webinar here: https://pages.kwm.com/RegistrationFinancingTheSpaceIndustryWebinar
Fresh Full Federal Court guidance in ZG Operations v Jamsek provides some important insights into the vexed question of #employee vs #contractor for superannuation purposes. KWM Tax, Superannuation and Employment Partners Jerome Tse, Sarah Yu and Ruth Rosedale explain and break down the implications for employers, employees and contractors alike.
They also consider the likely impact of further imminent change, discussing the recent introduced into Parliament to amend the Fair Work Act to include the obligation to pay superannuation contributions within the National Employment Standards as a workplace entitlement.
Read KWM's full analysis online here: https://www.kwm.com/au/en/insights/latest-thinking/superannuation-and-independent-contractors.html
Tech law Partner Jess Kruger and Special Counsel Daryl Cox have just come back from Singapore’s TowersXchange. They’re excited to share their insights from the event, and explain why – in the mobile data age – we should all be thinking about cellular networks as vital infrastructure to enable our connected way of life today and tomorrow.
Jess and Daryl unpick all of the implications and opportunities this presents – business models, sustainability and much more!
RUNS: 12min
KWM employment law partners Angela Weber and Ruth Rosedale unpack a big few weeks in the employment law space, with both the Respect@Work and Secure Jobs, Better Pay reforms becoming law. At the same time, the Australian Human Rights Commission has also released its findings from the 5th National Survey on Workplace Sexual Harassment. Ruth & Angela explain the changes, and the opportunity they present - for employers to build safe workplaces and a healthy organisational culture in 2023
In this panel discussion, we hear from leading experts, boards and business leaders on what this new heightened risk environment means for organisations and boards. What governance frameworks should they be establishing or reviewing to ensure that their organisations are best placed to mitigate the risk of a successful cyber-attack, or to respond and recover from one should it occur?
Speakers:
Rachael Falk, CEO, Cyber Security Cooperative Research Centre
Andy Penn, Chair, Cyber Security Industry Advisory Committee and former CEO, Telstra
Catherine Brenner, Chair, Australian Payments Plus and NED, Scentre, Emmi, The George Institute for Global Health
Mike Hawker AM, Deputy Chair, BUPA and NED, Westpac, Washington H. Soul Pattinson, MCA
Cheng Lim, Partner, King & Wood Mallesons
As awareness and expectation around workplace sexual harassment prevention grows, how are organisations responding?
In our 5th episode of Let’s Talk Respect@Work, Ruth Rosedale and Angela Weber unpack recent developments and increasing focus on workplace sexual harassment in both the public and private sector.
Non-Disclosure Agreements have been criticised for contributing to a culture of silence around sexual harassment claims. But the issue is nuanced and complex.
In our 4th episode of Let’s Talk Respect@Work, Ruth Rosedale and Angela Weber discuss why NDAs have received so much attention and what changes might be coming.
Is your organisation approaching workplace sexual harassment as the critical safety issue it is now recognised to be?
In this episode of Let’s Talk Respect@Work, Angela Weber and Ruth Rosedale discuss the fundamental safety principles for addressing sexual harassment.
What does a modern, respectful workplace look like?
In the first episode of our new series Let’s Talk Respect@Work, Ruth Rosedale and Angela Weber discuss how high profile inquiries and successful campaigns for change have fundamentally reshaped employers’ obligations to their workers - and what that means for everyone involved.
Partners Peta Stevenson and Alexander Morris and Special Counsel Kione Johnson discuss the key findings and trends from The Review: Class Actions in Australia 2021/2022.
***Telstra’s Stuart Powell and KWM Tech partner Bryony Evans discuss the human side of the data age.
They cover:
-> How Telstra has shifted culture and practice to overcome siloed thinking around AI and data use and management.
-> The key considerations for critical major decisions like the acquisition and implementation of AI for business purposes: a decision-making framework and adopting a risk-based approach to ensure key projects get the attention they deserve.
-> The big challenge for decision makers: How do you test algorithms for fairness? Negotiating with vendors to get 'inside the black box' of proprietary AI.
-> The simple ethical question to rule them all: 'Does it pass the creepy test?' - What it can help uncover.***
Picture this… Your business has just suffered a major safety incident. Details are still emerging. Rumours are swirling, media are bombarding you with questions. Your reputation is on the line and to top it off, its New Years Eve.
As a matter of fact, a client of KWM Partner Andrew Gray faced this situation. Andy called in ResPublica PR’s Gabriel McDowell. In this article, KWM Corporate Affairs Manager (and former journalist) James Bennett asks them both to navigate a hypothetical scenario, to explain a few of the key principles to communicating in crisis.
Listen now to the conversation between Andy, Gabriel and James.