This is the 34th episode of our series of commercial litigation update podcasts. In this episode we discuss the upcoming pilot on public access to court documents, the new disclosure survey, and some important decisions on service of proceedings, termination of contracts, contractual interpretation and conditions precedent. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by James Farrell, a disputes partner, and Chris Cox, a senior associate in our disputes team.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• UK Commercial Court pilot will mean many more court documents publicly available by default from 1 January 2026
• Disclosure Review Working Group seeks views on disclosure under PD 57AD
• Court of Appeal confirms defendant not required to take any steps in proceedings unless claim form validly served in time
• Court of Appeal confirms party cannot waive contractual right to terminate unless it is actually aware of the right
• Court of Appeal finds loss of bargain damages were available on termination for non-repudiatory breach of contract under express contractual provision
• Court of Appeal overturns High Court’s interpretation of deferred consideration clause
• Supreme Court finds there is no principle in English law that a condition precedent to payment of a debt will be deemed fulfilled if fulfilment was prevented by a party's own breach

See podcast episode transcript here.

In this episode, we cross examine Dr Bruce Tonkin, Chief Executive Officer at auDA. Dr Tonkin is one of Australia’s true internet pioneers and has been at the forefront of the cyber security discourse in Australia for a number of decades.

He is now the CEO at .au Domain Administration, the organisation endorsed by the Australian Government to manage the .au domain.

We have a great conversation, talking about Bruce’s career journey (and the evolution of the internet here in Australia), the role of auDA and the importance of protection of the .au domain. You may be surprised how much we depend on auDA as part of our interconnected business community. We also talk to the effective role of a lawyer in a cyber incident.

Bruce also shares some really interesting insights into the global domain space, including the unexpected economic benefits of having a country code like “tv” or “ai”. Fascinating!

It was a privilege to speak with Bruce. Thanks again for listening. This is Cross Examining Dr Bruce Tonkin. Here we go…

This podcast explores how ESG and energy challenges are being addressed in data centre design and development, with a focus on innovation during the AI boom.

Speakers: Tim Healey - Partner, HSF Kramer, JP Attlee – Senior Associate, HSF Kramer, Ben Worth, Senior Legal Counsel, Global Switch, Steven Parker – Solutions Engineering Director, Global Switch

The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here.

Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer

In this podcast, we explore class actions procedures and trends in Australia, and what similarities and differences there are with England and Wales. The episode is hosted by Rachel Lidgate, a partner in our disputes team in London. She is joined by two disputes partners in our Australian offices who have extensive experience of dealing with class action litigation, Jason Betts and Aoife Xuereb.

For a more in-depth analysis see Class actions radar: Australia, which is part of our report on the global class actions landscape, Class actions radar: scanning global trends and risks. See also our 2024 survey Rethinking risk: Inside Class Actions in Australia.

This podcast is the second half of our mini-series looking at the class actions landscape in the US and Australia. The US episode is available here.

In this episode, we cross examine Carolyn Pugsley, Christine Wong, and Peter Jones, Partners at Herbert Smith Freehills Kramer, and key members of our incident response team. We have all worked closely on some of the region's most signficant cyber attacks.

In this podcast we talk about the most critical legal issues confronting corporates in Australia, in light of the current cyber threat landscape. We discuss director duties, disclosure, the use of privilege, the rise of the cyber injunction and third party / supply chain management.

It was a privilege to curate this discussion. Every time I speak with Carolyn, Christine and Peter…I learn more. I’m sure you’ll get a lot out of this discussion.

This is cross-examining Cazz, Christine and PJ. Here we go…

Recorded on 24 June 2025

In this episode of Inside Employment, hosts Drew Pearson, Lucy Boyd, and Stephanie Blancquart unpack the evolving landscape of diversity, equity and inclusion (DEI) in the workplace. They explore the growing regulatory momentum in Australia – particularly the upcoming Gender Undervaluation awards review at the Fair Work Commission – and what it means for employers navigating modern award obligations and pay gap reporting.

The discussion also touches on the global shift away from traditional DEI initiatives, contrasting it with Australia’s intensifying focus on systemic reform. With key decisions expected to roll out from November into the new year, this episode offers insights for employers preparing for change.