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http://www.minterellison.com/People/sarah_barker/
Sarah Barker
Head of Climate Risk Governance
I lead MinterEllison's international climate risk governance and sustainability team. I help corporations, institutional investors and government agencies manage dynamic environmental, social and governance risks through a commercial lens. I have particular expertise in the climate change related exposures under corporate and securities (rather than 'environmental') laws - including directors' fiduciary duties and financial reporting/disclosure obligations.
  • +61 3 8608 2928
  • +61 402 220 556

I apply a cross-disciplinary approach, harnessing experience in areas from atmospheric science to finance and investment. My work at the forefront of international developments with institutions from the Bank of England, United Nations and the European Union, allows me to provide practical, forward-thinking advice to my clients across the financial services, mining & resources, industrials, retail, agriculture, infrastructure, development and government sectors.

I am Australia’s representative on the cross-jurisdictional Commonwealth Climate and Law Initiative. I sit as an academic visitor at Oxford University’s Smith School and teach sustainability in corporate governance for Cambridge University’s Institute for Sustainability Leadership.

I bring the practical perspective of an experienced professional director, currently sitting on the board of one of Australia's largest superannuation funds, and as the only lawyer on the Steering Committee of the Australian Sustainable Finance Initiative.

Career highlights

Recent international experience

  • Faculty member, Cambridge University Institute for Sustainability Leadership; academic visitor, Oxford University Smith School of Enterprise & the Environment Sustainable Finance Programme.
  • Commonwealth Climate & Law Initiative – founding partner and non-executive director involved in work across Australia, the UK, Europe, Canada, South Africa and Singapore.
  • Bank of England Prudential Regulation Authority - report on Climate Risks for the Insurance Sector, on which Mark Carney’s seminal ‘Tragedy of the Horizon’ speech at Lloyds of London was based (September 2015).
  • Guidance for directors by the United Nations Principles of Responsible Investment and United Nations Environment Programme Finance Initiative: Fiduciary Duty in the 21st Century (2016).
  • Legal risk partner in a global consortium report commissioned by the European Union on Financial System Risks Arising from the Energy Transition (2016-17).
  • United Nations PRI – recipient of Sustainalytics Prize for Responsible Investment Research (September 2014).

Recent Australian experience

  • Governance and reporting/disclosure advisor to a range of ASX100 and multi-national listed corporations (and their boards) in the financial services, mining & resources, retail, manufacturing and development sectors.
  • Advisor on climate-related litigation risk exposures to Australian and international government agencies, financial services institutions and professional services organisations.
  • Instructing solicitor on briefs to Mr Noel Hutley SC (October 2016 & March 2019) that is widely cited as the authoritative exposition on directors' duties with regard to climate change risk in Australia.

Selected recent publications

External

  • Barker, Sarah, Ellie Mulholland and Ben Caldecott, 'Directors' Liability and Climate Risk: Navigating the Step-Change in Disclosure and Governance Expectations', in Beekhoven van den Boezem, Jansen and Schuijling (eds.), Sustainability and Financial Markets, Wolters Kluwer, Deventer, 2019, Chapter 9 pp231-254.
  • Barker, Sarah, Ellie Mulholland, Cynthia Williams, and Robert G. Eccles, ‘Climate Change and Directors’ Duties: Closing the Gap Between Legal Obligation and Enforcement Practice’, in Richard LeBlanc (ed), The Handbook of Board Governance (2nd ed), Wiley, April 2020
  • Barker, Sarah, Ellie Mulholland and Jackie Peel, Australia's international climate change commitments – Associated accounting assumptions and auditing of climate risk disclosures, report to CPA Australia, January 2020
  • Barker, Sarah, 'Lifting The Corporate Veil: An Introduction To Directors’ Liability Exposures For Stranded Asset Risks', in Caldecott, Ben (ed.), Stranded Assets Anthology, Routledge, 2018
  • Barker, Sarah, Mark Baker-Jones, Emma Fagan and Emilie Barton, Climate change and the fiduciary duties of pension fund trustees – lessons from the Australian law, (2016) 6(3) Journal of Sustainable Finance & Investment 211
  • Barker, Sarah and Jay Youngdahl, 'Momentum building on climate risk', Pensions and Investments, August 2015.
  • Barker, Sarah, 'Shareholder climate action…but not as you know it', Energy & Resources Law Bulletin, March 2015.
  • Barker, Sarah, 'Directors' Personal Liability for Corporate Inaction on Climate Change', Governance Directions, February 2015.
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http://www.minterellison.com/People/sarah_barker/