Jackson McDonald's Counsel Connect Podcast

Jackson McDonald

Jackson McDonald's Counsel Connect Podcast is essential listening for in-house counsel in Western Australia. Hosted by Marcus Pullen, Partner, the series explores the legal, policy and public interest issues shaping corporate legal teams across the State. Each episode features candid conversations with leaders from government, business and the legal profession. Together, they unpack emerging risks, regulatory developments and practical challenges faced by in-house counsel, offering insights that support informed decision-making and strengthen legal capability.

Episodes

  1. Jun 18

    The quiet revolution in corporate liability with Professor Elise Bant

    How do we determine what a corporation knows, intends, or is responsible for when no single individual appears to be at fault? In this episode, Marcus Pullen is joined by Professor Elise Bant, Professor of Private Law and Commercial Regulation at The University of Western Australia, Director of the UWALS Private and Commercial Law Research Cluster, and one ofAustralia's leading private law scholars, to discuss systems intentionality and its growing influence on corporate responsibility and accountability. Together, they discuss how corporate responsibility can be understood through the systems, policies and practices that organisations design and deploy, rather than through the actions of a single decision-maker. Drawing on examples from the Banking Royal Commission, Crown Casino, Robodebt and recent High Court decisions, Professor Bant explains why a corporation's choices are often revealed through the way its systems operate in practice, and what this means for directors, in-house counsel and regulators. A thought-provoking discussion on the future of corporate accountability and the role of legal teams in fostering lawful and responsible corporate conduct. ------------------------------------------------------------ Want to be a guest in a future episode or have a topic you want us to cover? Email us at: ⁠⁠⁠counselconnect@jacmac.com.au⁠⁠ LinkedIn: ⁠⁠⁠www.linkedin.com/company/jackson-mcdonald⁠⁠⁠ Website:⁠⁠ ⁠www.jacmac.com.au⁠⁠ Connect with Marcus Pullen: ⁠⁠https://www.linkedin.com/in/mjpullen/⁠⁠ ------------------------------------------------------------ Chapters: (0:00) Introduction to Professor Elise Bant (0:52) What is systems intentionality? (3:18) The Banking Royal Commission's fees-for-no-service scandal (7:15) Why the traditional "find Wally" approach to corporate attribution fails modern corporations (8:42) Standard operating procedures, information silos, and how existing rules break down (16:00) The Productivity Partners case (21:47) How the model builds on Australia's Commonwealth Criminal Code corporate culture provisions (22:48) The pancake analogy (28:36) Why "set and forget" automated systems carry inherent culpability (31:28) Does systems intentionality change what directors and in-house counsel must know? (35:00) Corporate culture as a governance tool vs. a liability tool (38:38) Directors' responsibilities under Star Entertainment (41:48) ESG and greenwashing (45:43) Evidence of corporate mindset (51:15) Where is systems intentionality headed? Legislation, broader doctrine, or High Court evolution? (53:28) Extending the model to public entities (59:00) Closing advice for in-house counsel ------------------------------------------------------------ Produced by ⁠⁠⁠Podwave Studios⁠⁠⁠ Music from #Uppbeat https://uppbeat.io/t/light-prism/faded-beams License code: BLWBQNZFIFV4LLLN

    1h 3m

  2. May 11

    Protecting corporate reputation with Dr Michael Douglas

    In this episode of Jackson McDonald's Counsel Connect podcast, host Marcus Pullen speaks with Dr Michael Douglas, author and barrister at Francis Burt Chambers, about corporate reputation and what in-house counsel can do to protect it, with a particular emphasis on defamation law in Western Australia and how it differs from other Australian jurisdictions. The discussion covers the impact of AI, social media and online communications, the increasing prevalence of defamation litigation, and why Western Australia remains a plaintiff-friendly jurisdiction. Dr Douglas shares practical guidance on responding to concerns notices, managing reputational risk, and balancing legal strategy with commercial outcomes. This episode offers valuable insights for in-house counsel, executives and business leaders navigating reputation management and corporate communications in a fast-moving digital landscape. ------------------------------------------------------------ Want to be a guest in a future episode or have a topic you want us to cover? Email us at: ⁠⁠counselconnect@jacmac.com.au⁠ LinkedIn: ⁠⁠www.linkedin.com/company/jackson-mcdonald⁠⁠ Website:⁠ ⁠www.jacmac.com.au⁠ Connect with Marcus Pullen: ⁠https://www.linkedin.com/in/mjpullen/⁠ ------------------------------------------------------------ Chapters: (0:00) Meet Dr. Michael Douglas, Francis Burt Chambers (1:00) What is defamation? The three core elements (3:45) Why defamation litigation is on the rise in Western Australia (7:36) Receiving a concerns notice: what to do in the first 24–48 hours (9:00) Who can sue and who can be sued? (10:12) What is a concerns notice and why does the 28-day window matter (13:24) Is fighting a defamation case actually worth it? Damages vs. costs (15:27) The power of apology (17:36) What makes a retraction or apology legally effective? (18:45) Key defences (20:39) The true human and financial cost of going all the way to trial (22:12) Corporate reputation in an ESG and digital world (24:36) Where does reputational risk actually originate for organisations? (26:51) Beyond defamation (32:36) Internal comms and disciplinary processes (39:24) AI-generated content and defamation (41:54) Final takeaways for in-house counsel on managing reputational risk ------------------------------------------------------------ Produced by ⁠⁠Podwave Studios⁠⁠ Music from #Uppbeat https://uppbeat.io/t/light-prism/faded-beams License code: BLWBQNZFIFV4LLLN

    44 min

  3. Mar 24

    The critical role of in-house counsel and dealing with a regulator | Joseph Longo, Chair of the Australian Securities and Investments Commission

    In this episode of the Jackson McDonald Counsel Connect podcast, host Marcus Pullen speaks with Joseph Longo, Chair of the Australian Securities and Investments Commission and former General Counsel for Deutsche Bank. Drawing on decades of experience operating at the highest levels of law and regulation, Joe shares practical insights on the relationship between in-house counsel and regulators. The conversation explores how general counsel can build trust with regulators, navigate internal corporate pressures, and provide objective advice when things go wrong. Joe also discusses the evolving expectations of modern in-house lawyers, from the importance of understanding the client business and risk, to embracing technology and leading a culture of compliance within organisations. This is a must-listen for any in-house lawyers, governance professionals, Boards and senior management seeking to navigate today’s complex legal and regulatory environment. ------------------------------------------------------------ Want to be a guest in a future episode or have a topic you want us to cover? Email us at: ⁠counselconnect@jacmac.com.au LinkedIn: ⁠www.linkedin.com/company/jackson-mcdonald⁠ Website: ⁠www.jacmac.com.au Connect with Marcus Pullen: https://www.linkedin.com/in/mjpullen/ ------------------------------------------------------------ Chapters: (0:00) Introduction to Joe Longo and his legal background. (1:35) The #1 piece of advice for dealing with regulators (2:50) Navigating the entity: Helping boards think objectively about what went wrong. (5:15) Why in-house counsel must understand the business, not just the law. (6:30) The General Counsel as a "trusted advisor" on non-financial and reputational risk. (7:45) Systems intentionality and the challenge of holding corporations accountable. (10:15) Public expectations: Holding individuals vs. entities accountable. (11:20) Balancing legal independence with business partnership. (15:45) The "existential risk" of technology: Why ASIC and GCs must embrace AI. (21:30) Building a culture of curiosity and data literacy within legal teams. (25:00) Avoiding the trap of representing individuals over the entity. (35:45) Maintaining the role of the entity's "conscience" ------------------------------------------------------------ Produced by ⁠Podwave Studios⁠ Music from #Uppbeat https://uppbeat.io/t/light-prism/faded-beams License code: BLWBQNZFIFV4LLLN

    45 min

  4. Feb 17

    Shaping the In-house Profession: A Conversation with Irene Kuo

    In this episode of the Jackson McDonald Counsel Connect podcast, Irene Kuo shares a candid and practical perspective on the realities of life as in-house counsel, from building trust and setting boundaries with stakeholders to navigating the isolation that can come with the role. She reflects on her journey to Perth, and her time at Fortescue, Rio Tinto and currently as a Director at Fluor Australia, alongside her leadership roles as the Immediate Past President of the Association of Corporate Counsel (WA Division) and an Advisory Board Member at UWA Law School. In this conversation we explore the rapid evolution of legal technology and AI, accountability and human agency within organisations, advising strong-willed leaders, and what in-house counsel truly value from their external advisers. The Jackson McDonald Counsel Connect Podcast is a dedicated resource for in-house counsel in Western Australia. Produced by Jackson McDonald and hosted by Marcus Pullen, Partner Disputes Resolution and NFP President, the series explores the legal, policy and public interest issues shaping the work of corporate legal teams across the State. Subscribe so you don’t miss out on future episodes. ------------------------------------------------------------ Want to be a guest in a future episode or have a topic you want us to cover? Email us at: ⁠⁠counselconnect@jacmac.com.au⁠ LinkedIn: ⁠⁠www.linkedin.com/company/jackson-mcdonald⁠⁠ Website:⁠ ⁠www.jacmac.com.au⁠ Connect with Marcus Pullen: ⁠https://www.linkedin.com/in/mjpullen/⁠ ------------------------------------------------------------ Chapters: (00:00) Welcome to Council Connect (02:52) Building Trust & Boundaries (04:41) In-House Reality Check (06:13) Moving to Perth (07:31) Why In-House Can Feel Isolating (and How to ‘Phone a Friend’) (09:59) ACC’s Role (12:53) Creating Direct Pathways: Grad Programs, Internships & Training Juniors (15:26) Law School vs Real Practice (18:26) Legal Tech & AI Evolution (27:14) AI in Law School (29:53) Accountability & Agency (32:35) AI for Small Teams (37:22) What In-House Really Wants (42:08) Avoiding Court When Possible (43:27) Advising Strong-Willed Leaders (51:19) Career Advice for Aspiring In-House Leaders (53:59) What Brings Joy ------------------------------------------------------------ Produced by Podwave Studios Music from #Uppbeat https://uppbeat.io/t/light-prism/faded-beams License code: BLWBQNZFIFV4LLLN

    55 min

  5. 12/17/2025

    WA's Attorney General's Journey: Dr. Tony Buti on Law, Politics, and Justice

    Our inaugural Jackson McDonald Counsel Connect episode features Dr Tony Buti MLA, Minister for Commerce; Tertiary and International Education; Multicultural Interests; and Attorney General of Western Australia, who reflects on his legal journey and shares his perspective on the evolving importance of the in-house profession. Whether you are leading a legal function or working as part of one, Jackson McDonald's Counsel Connect offers relevant, grounded and forward-thinking discussions to support your role. The podcast is a dedicated resource for in-house counsel in Western Australia. Produced by Jackson McDonald and hosted by Marcus Pullen, Partner, the series explores the legal, policy and public interest issues shaping the work of corporate legal teams across the State. Subscribe so you don’t miss out on future episodes. ------------------------------------------------------------ Want to be a guest in a future episode or have a topic you want us to cover? Email us at: counselconnect@jacmac.com.au LinkedIn: https://www.linkedin.com/company/jackson-mcdonald Website: www.jacmac.com.au Connect with Marcus Pullen: https://www.linkedin.com/in/mjpullen/ ------------------------------------------------------------ Chapters: 0:00: Introduction: Dr. Buti's roles as Attorney General and Minister 0:55: Why Dr. Buti started his career as a teacher 4:57: The Path to Law 6:57: Moving away from billable units to the Aboriginal Legal Service 8:47: The Stolen Generations Project 12:54: Diversity in the Profession 18:03: Why Dr. Buti went into academia before politics 24:43: Priorities including Equal Opportunity, the Evidence Act, and judicial accountability 27:11: Grappling with AI and Access to Justice 34:03: Greatest Achievements ------------------------------------------------------------ Music from #Uppbeat https://uppbeat.io/t/light-prism/faded-beams License code: BLWBQNZFIFV4LLLN

    37 min

  6. Trailer

    Welcome to Jackson McDonald's Counsel Connect Podcast

    The Jackson McDonald Counsel Connect Podcast is essential listening for in-house counsel in Western Australia. Produced by Jackson McDonald and hosted by Marcus Pullen, Partner, the series explores the legal, policy and public interest issues shaping corporate legal teams across the State. Each episode features candid conversations with leaders from government, business and the legal profession. Together, we unpack emerging risks, regulatory developments and practical challenges faced by in-house counsel, offering insights that support informed decision-making and strengthen legal capability within organisations. Counsel Connect offers relevant, grounded and forward-thinking discussions to support your role. Subscribe so you don’t miss out on future episodes. Want to be a guest in a future episode or have a topic you want us to cover? Email us at: counselconnect@jacmac.com.au Connect with Marcus Pullen: https://www.linkedin.com/in/mjpullen/ LinkedIn: https://www.linkedin.com/company/jackson-mcdonald Website: www.jacmac.com.au Music from #Uppbeat https://uppbeat.io/t/light-prism/faded-beams License code: BLWBQNZFIFV4LLLN

    1 min

Trailer

About

Jackson McDonald's Counsel Connect Podcast is essential listening for in-house counsel in Western Australia. Hosted by Marcus Pullen, Partner, the series explores the legal, policy and public interest issues shaping corporate legal teams across the State. Each episode features candid conversations with leaders from government, business and the legal profession. Together, they unpack emerging risks, regulatory developments and practical challenges faced by in-house counsel, offering insights that support informed decision-making and strengthen legal capability.

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