In this episode, Herbert Smith Freehills Partner Jason Betts is joined by Mark Rigotti, Managing Director and CEO of the Australian Institute of Company Directors to discuss the changing risk environment for corporate Australia, building climate and cyber capability and the direction of corporate governance in Australia. Mark comments on the:
Episode 1: increased risks, "but riskier depends on context"
Australia is a litigious country – want insight behind the legal lens and understanding of outcomes delivered On Just Terms?
Join host Jason Betts, Litigation partner at Herbert Smith Freehills, as he interviews the people at the front line of Australian litigation shaping Australian corporate risk.
mark rigotti
managing director, australian institute of company directors
risk environment highlighting that while there are more risks, being risker is dependent on the context
the new areas that company directors need to prepare for and ensure compliance when balanced against longer term and entrepreneurial thinking
insights from the AICD on the agenda for boards and considers what readiness looks like for an organisation, versus a board
in a heightened regulatory environment, what’s the risk for board members, and is this stopping people from joining boards
the changing importance of corporate culture and change
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when risk management is corporate management
the continuous disclosure hair trigger
boards watching the pendulum on risk awareness
ratcheting risk for board members
building relationships with the regulators and their advantages
directors duties and the new consideration of broader stakeholder environments
litigation risk of greenwashing and its checks and balances
arlene tansey
non-executive director
In this episode, Jason Betts is joined by Arlene Tansey, Non-Executive Director of a number of Australian listed entities to discuss the complexity of navigating the litigation and regulatory environments faced by Australian corporations, and how major listed entities approach complex corporate governance issues – the changing risk environment in Australia, from the re-emergence of royal commissions to the continued growth in class actions, increasingly proactive corporate regulators, and the opportunities for businesses to better manage corporate governance risk in an environment of increased shareholder activism. Arlene comments on:
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Episode 2: balance, benefit and burden
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Episode 1: balance, benefit and burden
In this episode of On Just Terms, Herbert Smith Freehills Partner Jason Betts is joined by Non-Executive Director of numerous Australian listed entities Arlene Tansey to discuss how Australian corporations are navigating the complexity of their litigation and regulatory environments.
Their discussion covers how listed entities approach corporate governance, the changing risk environment from re-emergence of royal commissions to continued growth in class actions, increasingly proactive corporate regulators, and corporate governance risk in an environment of increased shareholder activism.
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Episode 2: increased risks, "but riskier depends on context"
In this episode of On Just Terms, Herbert Smith Freehills Partner Jason Betts is joined by Mark Rigotti, Managing Director and CEO of the Australian Institute of Company Directors to discuss the changing risk environment for corporate Australia, building climate and cyber capability and the direction of corporate governance.
Mark comments on the risk environment, shares insights from the AICD on the agenda for boards, and the changing importance of corporate culture, and change.
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Read transcript
In this episode of On Just Terms Jason Betts is joined by two of Herbert Smith Freehills partners, Aoife Xuereb and Bryony Adams, to discuss emerging themes in the litigation and regulatory contexts, perspectives on product liability and Anti-Money Laundering and Counter-Terrorism Financing (AMLCTF), and the meaning of commerciality for litigators.
Their discussion covers the observance of overseas trends in ESG, cyber and data considering Australia’s commercial litigation framework’s response, a potential product liability renaissance, the stakeholder equation, the top 5 issues keeping boards awake and alert.
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Episode 3: Why it shouldn’t feel ‘unnatural’ to have a litigator at the planning table
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Episode 3: Why it shouldn’t feel ‘unnatural’ to have a litigator at the planning table
latest episode
Episode 1: balance, benefit and burden
Episode 2: increased risks, "but riskier depends on context"
In this episode of On Just Terms, Jason Betts is joined by Cain Jackson Partner of Wotton Kearney and Paul O'Brien Director of YPOL. Together they discuss the growth in class actions and its impact on insurance markets, as well as the ESG exposures shaping the next chapter of risk.
From the impact of litigation trends on insurance markets, through reconciling individual stakeholder interests, and how consideration of corporate culture may be being overshadowed by climate concerns – this conversation explores what’s keeping directors awake.
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Episode 4: Shared ownership a positive equation between insurers and corporates
Episode 4: Shared ownership a positive equation between insurers and corporates
Episode 5: Focus attention on the real issues in dispute
In this episode of On Just Terms, Jason Betts is joined by President of the NSW Court of Appeal, the Honourable Justice Julie Ward. Her Honour shares perspectives on efficient management of complex litigation, challenges presented by class action multiplicity, and the evolving nature of legal practice in the post pandemic era.
Elevated to the bench from partnership, Justice Ward shares her unique understanding of the interactions between corporate lawyers and the courts - discussing procedural fairness, advocacy and the invaluable nature of mentoring relationships.
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Episode 5: Focus attention on the real issues in dispute
Episode 6: Is access to justice worse in 2022 than in 1962?
Episode 6: Is access to justice worse in 2022 than in 1962?
In this episode of On Just Terms, Jason Betts is joined by Jacob Varghese Chief Executive Officer of Maurice Blackburn Lawyers to discuss the litigious environment relating to social justice causes including their models of funding.
Jacob shares his perspectives on the use of class actions to seek access to justice, the regulatory pyramid, group costs orders, and emerging trends including the gig economy, and crypto. They also discuss the legal profession more broadly and the economic realities of a profession remunerated on input rather than value.
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Group members protected by experienced judiciary but more powers needed
Episode 7: Group members protected by experienced judiciary but more powers needed
In this episode of On Just Terms, Jason Betts is joined by The Hon. Justice Sarah C Derrington AM President of the Australian Law Reform Commission (ALRC), their discussion covers reforms to class actions practice, changes to the corporations law and the future direction of commonwealth law reform.
Her Honour shares insights into the factors impacting class actions, approaches to modern litigation including mega-litigation, the future of the ALRC, and the role serendipity has played in her career.
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Episode 7: Group members protected by experienced judiciary but more powers needed
BATTLES, CONTESTS AND A LITTLE BIT OF COLOUR
Episode 8:
In this episode of On Just Terms, Herbert Smith Freehills partner Jason Betts is joined by Michael Pelly, Legal Affairs Editor, Australian Financial Review (AFR) to discuss the reporting of legal affairs, trending reforms in class actions, and the issues more likely to grab future headlines in Australia.
In a time of significant change where the legal sector is reshaping itself and risks are evolving quickly, they discuss ideas discuss the dynamic evolution of class actions and their potential to drive social change, the adversarial nature of litigators, and balance, efficiency and proportionality in the judicial system.
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Episode 8: BATTLES, CONTESTS AND A LITTLE BIT OF COLOUR
Episode 9: The cut and thrust of modern litigation
Group members protected by experienced judiciary but more powers needed
Episode 9: The cut and thrust of modern litigation
In this episode of On Just Terms, Jason Betts is joined by Elizabeth Collins SC and Imtiaz Ahmed who are both Barristers at Sixth Floor Chambers. Both deeply experienced in the conduct of class actions litigations, including shareholder class actions, they discuss advocacy in complex commercial litigation, the operation of the class action regime and the nature of practice at the commercial bar.
Exploring the links between royal commissions and class actions, the funding of our major corporate regulators, director and officer obligations, and best practice briefing when working with barristers.
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