On Just Terms Podcast Series

S1, EP8: Battles, contexts and a little bit of colour

In this episode of On Just Terms, Herbert Smith Freehills Kramer 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.

S1, EP7: 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.

S1, EP6: 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.

S1, EP5: Focus attention on 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.

S1, EP4: Shared ownership a positive equation between insurers and corporates

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. 

S1, EP3: Why it shouldn't feel 'unnatural' to have a litigator at the planning table

In this episode of On Just Terms Jason Betts is joined by two of Herbert Smith Freehills Kramer 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. 

S1, EP2: Increased risks, "but riskier depends on context"

In this episode of On Just Terms, Herbert Smith Freehills Kramer 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. 

S1, EP1: Balance, benefit and burden

In this episode of On Just Terms, Herbert Smith Freehills Kramer 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.