Ashurst Legal Outlook Podcast

The independent review into Australia’s Closing Loopholes reforms has landed, and it brings little comfort for employers. In this episode of Industrious Conversations, we pinpoint some of the major findings that business leaders should be across. Ashurst Perkins Coie partners Shelley Williams and Peter McNulty discuss what the review had to say about: • wage compliance and the criminalisation of wage theft; • the employee definition changes; and • the intractable bargaining regime’s “no less favourable” constraint. They also preview the Labor Party’s 2026 draft national platform, including its focus on full employment, portability of entitlements and psychosocial hazards. Overall, Peter reflects: “The Loopholes review really recognises that there are significant burdens and complexities [for employers] arising from this new legislation but, for the large part, [the review] recognises that … these changes were designed to impose greater burdens on employers.” Searching for upsides, Peter adds that “the commentary on the ‘no less favourable’ test is probably where there is one glimmer of hope for employers coming out of the review.” Hear the full story by searching “Legal Outlook by Ashurst Perkins Coie” on Apple Podcasts, Spotify or your favourite podcast player. Find out more about the full range of Ashurst podcasts at ashurstperkinscoie.com/podcasts The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

In our next episode of the Ashurst Perkins Coie Women in Tech podcast, host Denae Erasmus is joined by Luisa de Gouveia, Head of Legal Operations at Sky, to explore the evolving impact of AI in legal operations. Luisa begins by sharing the story of her career journey — from technology and media transactions authority to her current role leading Legal Operations at Sky. Central to that journey is Luisa's experience of living and working with a chronic repetitive strain injury. Luisa speaks openly about the realities of navigating a demanding legal career with a chronic condition and how it has fundamentally changed the way she works. In this episode we focus on key questions shaping the future of legal operations — legal design, systems thinking and how the rise of AI is forcing legal teams to rethink not just what they do, but how and why they do it. What happens when lawyers stop doing the work and start designing how it gets done? And what does it really take to redesign the way a legal team works? Luisa also shares her advice for legal operations leaders who want to position themselves as true strategic partners. From building credibility to managing expectations, she offers her perspective on what it takes to deliver lasting change — and how small, honest wins can build something lasting. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

If you work on Australia’s data center infrastructure, you’ll already be familiar with the energy and infrastructure pressures that come along with that. The question is: Can our energy system keep pace with the nation’s escalating demand? In the first of this two-part episode of Here Today, Here Tomorrow we go in search of answers. Ashurst Perkins Coie’s Alexandra Peace is joined by colleagues Kate Muller and Mike Webb to discuss how data center operators can meet government expectations to provide their own power and offset demand with renewables. They also consider how to bridge the funding gap, how to withstand grid disturbances, and how the current regulatory framework may no longer be fit for purpose. Listen to this episode by searching “Legal Outlook by Ashurst Perkins Coie” on Apple Podcasts, Spotify or your favorite podcast player. Find out more about the full range of Ashurst podcasts at ashurstperkinscoie.com/podcasts . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Australia’s energy story is being rewritten by data center developers – and in this episode, we offer a sneak peek at how the next chapters will play out. From procurement risks to fresh revenue opportunities, we examine the issues developers should watch out for. This is the second of a two-part episode of Here Today, Here Tomorrow, our regular podcast mini-series about data centers around the globe. You’ll hear from Ashurst Perkins Coie real estate partner Alexandra Peace and project partners Kate Muller and Mike Webb about how data center operators are not only buying power in Australia’s energy ecosystem – but also generating it too. Along the way, the trio discuss the growth of renewables in the energy mix, through a mix of retail contracts, sleeved and virtual PPAs, and wholesale market exposure. They explain how behind-the-meter batteries and power generation open up new revenue lines and joint venture opportunities. And they consider one of the great conundrums for the data center energy equation: that flat, round-the-clock demand helps soak cheap daytime solar energy but adds pressure during peak times. Listen to this episode by searching “Legal Outlook by Ashurst Perkins Coie” on Apple Podcasts, Spotify or your favourite podcast player. Find out more about the full range of Ashurst podcasts at ashurstperkinscoie.com/podcasts . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Ashurst Perkins Coie partners Ian Bolster , Head of APAC Dispute Resolution and Class Actions, and Tihana Zuk , a consumer and competition law specialist and Regional Sector Leader, Technology discuss the intersection of class actions and Australian consumer law. Together, they explain why consumer law claims are well suited to class action proceedings and explore recent developments involving product defects, consumer guarantees, unfair contract terms and emerging unfair trading practices reforms. The discussion also considers the role of the ACCC, the growing litigation risk facing businesses that operate at scale, and the practical governance, compliance and complaints handling measures that can help prevent issues escalating into class actions. To listen, search for "Legal Outlook" on Apple Podcasts, Spotify or your preferred podcast platform. You can also explore the full range of Ashurst podcasts at ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in law or practice, or to cover every aspect of the topics discussed. Listeners should obtain legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

M&A transactions have become increasingly complex over the past decade in a number of ways. Regulatory conditions in particular have become more prevalent and introduce additional execution risk. In the latest podcast, Harry and Hayley speak with antitrust and competition law authority, Chris Eberhardt, to get his thoughts on how the UK and EU merger control landscape has evolved and how this is impacting UK public M&A. The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website . The publication looks at key highlights and market developments in the second quarter, as well as relevant legal and regulatory developments. The publication also includes tables summarizing the key features of firm offer announcements made during the quarter. To listen to this and to subscribe to future episodes in our Takeover Talks miniseries search for “Ashurst Perkins Coie Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. You can also find out more about the full range of Ashurst Perkins Coie podcasts at ashurstperkinscoie.com/en/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Relationships are at the heart of successful structured leverage transactions. In this episode we discuss what makes the right financing partner, how borrowers should assess potential providers, and the key commercial and structural factors to consider. As the European structured leverage market continues to mature, relationships are becoming just as important as legal documentation. But what separates a good financing partner from the right one? Ashurst Perkins Coie partner Ruth Harris and AJ Storton , Partner at Art Capital, are joined by special guests Farrah Brown , Head of Debt Capital Markets, Europe, and Shawn Kaufman, Head of Debt Capital Markets, Americas, at Nuveen Real Estate. Drawing on their experience of both the European and U.S. markets, they discuss what borrowers should prioritize when selecting a structured leverage provider and how the market is evolving. The conversation explores the importance of strategic relationships, operational alignment and track record, alongside key structuring considerations including warehouse facilities, advance rates, consent rights, mark-to-market provisions and recourse. The panel also compares the more established U.S. market with Europe's rapidly developing landscape and considers what increasing competition among providers means for borrowers. As referenced by Ruth watch some useful 101 videos on the CREFC website . To listen, search for "Ashurst Perkins Coie Legal Outlook" on Apple Podcasts, Spotify or your preferred podcast platform. You can also explore the full range of Ashurst podcasts at ashurstperkinscoie.com/en/podcasts/ The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

The Employment Rights Act 2025 is the most transformative shift in UK employment law in a generation. For boards of organisations with UK employees, there’s a lot to get to grips with. In this episode, host Will Chalk is joined by Ashurst colleagues Crowley Woodford and Ruth Buchanan to unpack what the Employment Rights Act means in practice. Crowley certainly doesn’t sugarcoat the scale of the impact: “It's no exaggeration that the Employment Rights Act is probably the most fundamental change in employment rights since the Thatcher era”. With that in mind, this episode covers a lot of ground in a short space of time. Crowley pinpoints the changes to unfair dismissal as hugely significant, and outlines two changes of particular note for boards. In particular, he says that boards should consider preparing themselves for greater litigation risks when terminating highly paid employees. And he suggests some steps to mitigate these risks. The Act also presents new corporate obligations in relation to sexual harassment. Ruth highlights governance issues for boards, as the compliance bar rises for organisations: “Employers are going to have to take the steps that are going to be specified in the regulations, but also take all other preventative steps that are reasonable in the circumstances.” Ruth suggests steps such as conducting risk assessments, publishing relevant policies and plans, establishing reporting mechanisms, and ensuring robust, proper complaints-handling procedures, etc. And the big changes don’t stop there! In short: this episode is an absolute must-listen for directors of organisations with UK employees. It will be 20 minutes very well spent. To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts . To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. Please note that this episode was recorded before the King's Speech was delivered on 13 May 2026 which, contrary to all predictions, did not contain legislation to take forward disability end ethnicity pay gap reporting legislation. See omnystudio.com/listener for privacy information.

In this episode, Tony Damian and Amelia Morgan are joined by special guest Emma Rapaport, Co-Editor of the Australian Financial Review's famed (and feared) Street Talk column. Emma reflects on Street Talk's reputation and influence in the Australian market, the unique role it plays, and the responsibility that comes with it. She unpacks a day in the life of a Street Talk journalist - including how sources and stories are managed on a daily basis. Finally, Emma offers some observations on where the market is at, some brights spots to keep an eye on and the importance of sentiment in driving market activity more generally. Watch all of our episodes in the Ahead of the Deal series here . For more information about our global corporate practice, visit our Corporate and M&A page . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Setting (and delivering) a climate transition plan is about more than regulatory box-ticking or PR spin. Credible plans are fast becoming a key facilitator for any company seeking to raise capital. In this episode, we discuss what investors want and where companies could be falling short. In this episode, host Will Chalk is joined by Ashurst colleague and climate transition expert Becky Clissmann , as well as special guest Jo Richardson from Anthropocene Fixed Income Institute , who helps investors to align their portfolios with climate and sustainability goals. Drawing on a new report published by Ashurst with communications consultancy Radley Yeldar, the discussion highlights the disconnect between what some companies disclose in their transition plans – and what investors actually need. Will, Becky and Jo highlight some of the stand-out attributes of a credible climate transition plan. They explain the importance of costing the decarbonisation roadmap and explain why fixed income investors are uniquely positioned to influence corporate behaviour. And they discuss why investors can spot greenwashing a mile away. Will hits the nail on the head when he says, “transition plans have really moved beyond corporate virtue signalling and are increasingly important for companies seeking corporate finance.” To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts . To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Businesses around the globe are facing heightened risk exposure and cost pressures as geopolitical disruption and price volatility continues to rise. In this episode, we pinpoint what to watch out for and we suggest ways to minimise exposure and mitigate the impact of potential disputes. The current geopolitical instability is creating a multitude of legal and compliance risks for businesses globally, most notably for those operating in – or financing – the construction, energy and infrastructure sectors. For this episode, we’ve assembled an expert team to highlight the key litigation and compliance risks arising from the conflict in the Middle East, and to share practical considerations and actions for in-house legal teams navigating these challenges. It’s a timely discussion, given the confluence of force majeure notices, supply chain disruptions, tightening insurance and extreme weather in the Middle East region. We tackle the rise of opportunistic claims from contractors and subcontractors seeking to excuse pre-existing delays and performance failures to current events. We walk through the contractual and regulatory ramifications and the proactive steps companies can take now. Conduct and decisions made during high-pressure environments can incur serious liability years later. So, we also consider the chief risks of financial crime that often spike during periods of military conflict and supply chain instability. And we address implications for M&A due diligence as well as the heightened scrutiny from banks over cross-border transactions. To peel back the complexity and get to the heart of these issues, Ashurst’s Ruby Hamid is joined by colleagues Cameron Cuffe , Philip Chong and Neil Donovan. Listen to this episode by searching “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. Find out more about the full range of Ashurst podcasts at ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Supply chain risk is nothing new for boards. What’s changed is the sheer speed and scale of this risk – and the board’s elevated accountability for it. In this episode, we look at why geopolitical scenario modelling is now core business planning. Host Will Chalk is joined by Ashurst colleagues Nisha Sanghani , former FTSE 350 board member and Head of Ashurst Risk Advisory Middle East, and Neil Donovan , a partner in Ashurst’s dispute resolution practice in London. In this timely episode, we look at how the geopolitical shocks are driving a fundamental rethink of how organisations map, monitor and manage their supply chains. In doing so, we help boards answer a kicker of a question: If the world changes tomorrow, how exposed is our organisation and how quickly can we respond? Nisha explains why the most effective boards aren’t satisfied with assurance, they really challenge and interrogate supply chain resilience, asking: ‘How do we know it would hold up under stress?’ Neil navigates a wave of related legislation, from the UK Modern Slavery Act to the EU Corporate Sustainability Due Diligence Directive, noting that supply chain risks are not limited to modern slavery violations, and that companies in some jurisdictions can be pursued for failing to prevent bribery and corruption by third party agents, distributors and others within their supply chains. Enforcement may still be in its infancy, but Neil warns of reputational damage too. The court of public opinion moves faster than any regulator. To listen to this and subscribe to future episodes in our governance mini-series, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts . To receive updates and alerts on the issues raised in this podcast mini-series, subscribe to Ashurst’s regular Governance and Compliance Updates . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Ashurst’s Employment partner Jennie Mansfield (Australia) is joined by Employment partner colleagues Clarence Ding (Singapore), Muriel Pariente (France), and Dan Ornstein (United Kingdom) to examine the implications for boards when allegations of misconduct are made against C-suite leaders. As well as sharing an overview of the regulatory environments in their respective jurisdictions, our expert panel explain the mechanics of scoping an investigation including governance, process, and substance considerations. There’s also discussion about the nuances and potential consequences of suspending those who are subject to investigations (different rules apply in different jurisdictions). The second half of the podcast focuses on whistleblower confidentiality and how each jurisdiction approaches this. The panel discusses when anonymous testimony can be used in disciplinary proceedings, the conflicts of interest that arise when a senior executive controls the very whistleblowing process under which concerns are raised about them, and the phenomenon when an executive deploys whistleblower disclosures as a defensive tactic. This episode is not for the faint of heart – but it’s compulsive and essential listening for board members. To listen to this search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

In this episode, Tony Damian and Amelia Morgan talk with John O'Sullivan (affectionately known in the market as "JO’S"), a well-known M&A practitioner, chairman and company director with decades of deal experience. JO'S shares his insights on takeover approaches: how to navigate those critical first steps and the importance of good preparation. He also reflects on the influence of institutional shareholders, offers some do's and don'ts for potential bidders, and, as an unabashed fan, provides his thoughts on the role of the Takeovers Panel. Watch all of our episodes in the Ahead of the Deal series here . For more information about our global corporate practice, visit our Corporate and M&A page . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Six targets initiated either a private sale process, formal sale process or strategic review in the first quarter. We also saw shareholders pushing back on recommended deals. In the latest podcast, Harry, Maria and Jade unpick the reasons behind the uptick in target-led sale processes and the increase in defensive mandates. The episode is intended to sit alongside, and complement, our quarterly publication which is available on our website . The publication looks at key highlights and market developments in the first quarter of 2026, as well as relevant legal and regulatory developments. The publication also includes tables summarising the key features of firm offer announcements made during the quarter. To listen to this and to subscribe to future episodes in our Takeover Talks miniseries search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify, or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

In this episode, Australian M&A partners Tony Damian and Amelia Morgan discuss pre-bid exclusivity and what target boards should be thinking about when granting exclusivity to a prospective bidder at the pre-bid stage. They discuss the differences between 'hard' and 'soft' exclusivity, look at the current Takeovers Panel guidance and its background, and cover some recent examples in the market. View the video to learn more. Watch all of our episodes in the Ahead of the Deal series here . For more information about our global corporate practice, visit our Corporate and M&A page . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

In this episode, Tony Damian and Amelia Morgan meet with Alyssa Philips , Partner in the Ashurst Competition Team, to discuss how the new Australian merger clearance regime is functioning in practice. What's been catching people out, how is the ACCC managing the volume of applications, and what changes might we expect to see in the future? Watch all of our episodes in the Ahead of the Deal series here . For more information about our global corporate practice, visit our Corporate and M&A page . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Our continuing series takes an unflinching look at a vexed issue: how much water is required to keep the world’s data centres running. To illustrate this, we put the UK in the spotlight to consider the nation’s rules, regulations, and innovations designed to minimise water consumption in future. In this episode, finance partner Ruth Harris tackles data centres’ water usage with real estate partners Alex Peace (in Australia) and Charlie Reid (in the UK). Together, the Ashurst colleagues reflect on current and forecast demands for water – and the responses from government, communities, investors, water companies and the industry itself. In this revealing discussion, Charlie outlines the planning framework in the UK, where data centres have been designated critical national infrastructure which – on the surface – appears to create tension between the nation’s economic and environmental ambitions. He explains how environmental impact assessments are increasingly at the frontier of data centre development and notes a recent legal challenge centred on an inadequate water and energy consumption assessment. However, the trio also discuss how modern facilities using circular water systems can consume dramatically less water than older data centres. They consider the need for standardised metrics to measure and report on facilities’ water usage effectiveness. And they consider how water companies could be part of the solution. To listen to this and subscribe to future episodes about data centres, search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. To listen to a recent episode dedicated to water usage in Australian data centres visit this web page . To read Ashurst’s regular article series on data centres, visit this web page . To find out more about the full range of Ashurst podcasts, visit ashurst.com/podcasts . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

Europe’s back leverage market has swelled recently. In this episode we consider the limitations of the label “back leverage”, explain what it covers, why it matters, and where it’s headed. We also offer several practical pointers for structuring transactions effectively. Back leverage in European real estate finance has grown rapidly. It attracts serious capital – but remains notoriously difficult to define. It goes by pseudonyms such as debt-to-debt or loan-on-loan but nothing quite captures what this market has become. In this episode, Ashurst partner Ruth Harris is joined by special guest AJ Storton, a partner at Art Capital , to get into the nitty gritty and the bigger picture. They explain exactly what back leverage is and explain why “structured leverage” might be a more useful term. They also discuss the motivations on each side of the trade (users and providers) and the documentation questions that determine how a transaction is actually structured. There’s also a handy summary of securitisation compliance obligations, and crucially – the “top 10” structural features that any party to these transactions needs to nail. To listen to this search for “Ashurst Legal Outlook” on Apple Podcasts, Spotify or your favourite podcast player. You can also find out more about the full range of Ashurst podcasts at ashurst.com/podcasts . The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.

In this episode of Taxed Out, Tax Controversy Partners Vanja Podinic and Colin Little examine YTL and Newmont, the first major Federal Court tests of Division 855 and the principal asset test. Both cases reject the Commissioner’s push for an expansive, physical reading of “real property”, confirming instead that the definition turns on technical legal estates, statutory severance rules and the underlying rights actually held. Vanja and Colin walk through the implications for investors disposing of infrastructure and mining interests, explaining why leases, transmission assets, plant and equipment, and mining tenements must all be analysed through a property-law lens rather than a physical-asset one. They also outline the Courts’ guidance on valuing synergistic asset bundles and allocating value between TARP and non-TARP assets. The decisions highlight the need for meticulous evidence gathering, careful classification of rights, and interdisciplinary support from property, planning and infrastructure specialists. For investors, the message is clear: understanding the legal character of land-related rights is now essential to navigating Australian CGT rules. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions. See omnystudio.com/listener for privacy information.