Many Australians have a connection to another jurisdiction, whether they are born overseas, have parents or children who were or own assets overseas. International connections create complexity around succession planning and wealth. Mark Dunphy, Emma Woolley and James Whiley discuss why it’s essential to make a plan that covers multiple jurisdictions, ensures Wills are valid in each jurisdiction and covers the impact of inheritance tax and capital gains tax where applicable. They also discuss...

Oliver Jankowsky, Mark Dunphy and Kristopher Kunasingam discuss the latest employment and migration trends in Australia, including Australia’s complex and multi-layered system of employment laws, termination rights, what happens to an employee’s visa if their job is terminated, restraints of trade, the changes in Australia’s sexual harassment laws, and whether it will be easier or more difficult to obtain a skilled work visa to come to Australia over the next year.

Mark Dunphy, Oliver Jankowsky and Ranny Fan discuss Australia’s Foreign Investment Review Board (FIRB) regime: what it does, what transactions are subject to FIRB notification, the different criteria applied to private investment and foreign government investors, FIRB thresholds, what conditions FIRB applies to approvals and key tips for foreign investors or advisors looking at investing in Australia.

Alison Choy Flannigan and guest Lyle Steffensen from Lockton discuss the potential risk and insurance implications of the proposed new Aged Care Bill for both individual board members and organisations in the aged care sector. The discussion covers crucial risk and insurance considerations for aged care boards, including the need to understand existing insurance coverage and the scope of cover for both individuals and the organisation. They also discuss who is included in the new definition...

Karl Rozenbergs, Clare Kerley and Anthony Bradica discuss employment and tax issues facing the aged care sector, including how to avoid underpayments and the remediation cost of fixing them, enterprise agreements, the positive duty to prevent sexual harassment in the workplace, psychosocial reforms, same job same pay reforms, and the importance of having consistent payroll tax systems across the workforce, especially when acquiring a new business.

Partners Alison Choy Flannigan and Mark Petrucco, and guest Anthony Connelly from McGrathNicol, discuss how the pace of change, supply chain issues, general inflationary pressures and aged care reforms are causing some approved providers to consider restructuring. They outline legal, commercial and financial issues boards should consider if restructuring, including debt collection, engaging specialised advisors, understanding safe harbour provisions, and clearly communicating with...

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

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

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

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

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

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

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

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

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

John Hutchinson, Suzie Leask and Sevan Gore discuss a new Bill that sets up the mandatory Australian climate reporting framework and will affect how organisations prepare their financial reports and collect data. They outline which companies will be affected, when reporting requirements will commence, and director liability, among other issues.

Scott Butler, Jacqui Barrett and Nicole Tumiati discuss what happens when there’s a complete breakdown between the parties, what owners should keep in mind when negotiating a restructure involving the exit of an owner, and issues to consider if you are the person leaving the organisation.

Scott Butler, Jacqui Barrett and Nicole Tumiati discuss how professional services firms can restructure equity and manage owner exits, especially when things get tough. They look at the common reasons why a firm may change its ownership structure – both good and bad – and the key obstacles owners may face to negotiate an acceptable outcome.

Sam Kelsey and guest Julia Halioua from the Footprint Company continue their discussion about green construction, looking at carbon emissions from a contractor’s perspective. With a large portion of a contractor’s emissions coming from its supply chain, Sam and Julia offer tips on how contractors can reduce their emissions and effect change in the industry.

Tax issues are core to any business restructure and must be considered at the beginning of any restructure planning. Scott Butler and Jim Koutsokostas discuss common tax and duty consequences, how these may differ from state to state, and why involving a tax lawyer early in the process can help avoid some nasty surprises later.

Sam Kelsey chats with guest Julia Halioua from the Footprint Company about green construction, which is sustainable and environmentally friendly construction with a focus on carbon emissions. Sam and Julia discuss carbon emissions from a developer’s point of view: what are they? How are they measured? What can you do to reduce emissions? And why should you?

Scott Butler and Mark Petrucco discuss how safe harbour provisions protect directors against potential insolvent trading liability while restructuring companies, how to access the provisions, and the importance of engaging good advisors to steer the right course.

Scott Butler and David Dickens discuss how a director may become liable for unpaid taxes under the Director Penalty Regime, why it’s critical that directors lodge activity statements, and what options are available if a director receives a Director Penalty Notice.

Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss recent interesting cases that provide guidance on the ways in which boards need to manage ESG-related risks, why climate and nature related risks and dependencies, including throughout the supply chain, are something directors and boards need to consider, and why there is an obligation to use data to make informed long-term business decisions that are in the best interests of everyone, not...

What should boards and businesses have on their radar about ESG? Host Suzie Leask, Partner Meg Lee and special guest Debbie O’Byrne, founder of Planet Price, discuss how to use data to help set targets, how collecting the right data can help mitigate ‘greenwashing’ and ‘greenhushing’ claims, why planetary boundaries are a critical measure of what a future flourishing society looks like, Australia’s new mandatory climate reporting standards, and why ESG is no longer a ‘nice to have’ but an...