Kate and Laura are releasing Part 1 of Episode 2 of the podcast series that explores the new Security of Payment legislation in Western Australia. They will discuss Stage 2 of the implementation of the legislation and conduct a deep dive into the new time bar regime. Listen to episode 1 on how to ensure you are SOPA ready here: https://hsfnotes.com/disputesaustralia/2022/09/06/stage-1-of-the-new-building-and-construction-industry-security-of-payment-act-2021-how-to-ensure-you-are-sopa-ready/

Security of Payment series - Erosion of contractual freedom: A deep dive into the time bar regime

In the final episode of The Third Wheel for 2024, Tim Stutt and Mel Debenham reflect on the year’s ESG developments and look ahead to 2025. They discuss the recent governmental response to the statutory review of the Modern Slavery Act 2018 (Cth); the incoming climate reporting regime; and the future of nature-related disclosures. With elections at both the federal and state levels set for 2025, the episode closes with their thoughts on a possible pendulum swing towards greater scrutiny of proposed ESG regulations moving forward.

The Third Wheel (ESG Australia) EP47: 2024 (Gift) Wrapped

In this last episode of the series, the Corporate Crime and Investigations team considers the application of the Failure to Prevent Fraud offence to complex group structures including in relation to parent companies and their subsidiaries (whether incorporated in the UK or overseas). 

Susannah Cogman, Eamon McCarthy-Keen, and Clara Browne examine several important issues in this episode such as: (i) how the offence applies to corporate group structures; (ii) the potential liability of a parent company for the activities of its subsidiaries and their employees, including where the employee is a 'senior manager'; (iii) the application of the offence to global companies; and (iv) conduct across borders. They also provide insight into the steps that businesses should take to prepare for the imminent implementation of the Failure to Prevent Fraud offence at a group and individual subsidiary level.

You can find links to further background reading relevant to the episode below:

(1)	Summary table regarding parent-subsidiary liability https://marketing.hsfkramer.com/20/33497/landing-pages/des0004516-v5.pdf

(2)	HSF Kramer FTPF Briefing https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/ftpfraud-ready-sep25

(3)	The Economic Crime and Corporate Transparency Act 2023 https://www.legislation.gov.uk/ukpga/2023/56/section/204#:~:text=204Guidance%20about%20preventing%20fraud%20offences&text=(1)The%20Secretary%20of%20State,in%20section%20199(1).

(4)	Home Office Guidance https://assets.publishing.service.gov.uk/media/67f8ef1845705eb1a1513f35/Failure+to+Prevent+Fraud+Guidance+-+English+Language+v1.6.pdf

(5)	UK Finance Guidance https://www.ukfinance.org.uk/system/files/2025-02/UK Finance Failure to Prevent Fraud industry guidance.pdf

The Fraud Files EP10: Application of failure to prevent fraud to group structures

Class Actions Fireside EP5: Product liability class actions

A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills Kramer.  For more information please visit www.hsfkramer.com

The Fraud Files EP10: Application of failure to prevent fraud to group structures

Herbert Smith Freehills Kramer Podcasts

Related tracks