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Connecting dots between climate change and sustainability, finance and corporate law

Climate change and sustainability

Legal advice has limited value outside its commercial context. For an area as dynamic as ESG, understanding both market trends and emerging issues is essential. Our integrated climate change, nature and sustainability practice goes 'beyond compliance' to provide a forward-looking perspective on emerging commercial, finance and liability issues. We combine a strategic mindset across commercial and legal exposures, including clear understanding of economic transition and emerging liability risks that different business models and reporting practices present.

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How we can help

MinterEllison is uniquely differentiated in its field. Globally acknowledged, the team combines commercial law acumen with insights at the forefront of investor and stakeholder expectations. More than ensuring compliance, we guide you towards strategic and accountable approaches to both monetary and broader risks. By uniting the expertise of lawyers, institutional investors, and risk specialists, we deliver comprehensive, strategic, and pragmatic advice.

Our services include:

  • Policy and strategy. Advice on ESG and interim target policies, strategy and credible implementation
  • Governance and director duties. Expertise in ESG related director responsibilities, capacity building, advisory and governance framework audit and assurance
  • Disclosures and reporting. Comprehensive support beyond regulatory requirements – from climate and nature-related disclosures, to annual reporting and financial statements, investor relations, AGM support, and managing greenwashing and liability risks
  • Whole of business ESG solutions. Advice spanning value chain lifecycle reviews, contractual framework audits, and accelerated capacity building for workforce
  • Project and transaction consulting. Specialised due diligence, bespoke ESG contractual tools, tender reviews, and contract negotiation
  • Greenwashing reviews. In depth review to identify and mitigate greenwashing risks
  • ESG/Greenwashing health checks. Comprehensive evaluations to ensure alignment with best practices. (link to page)
  • Regulatory and litigation support. Expert advice for regulatory compliance and litigation preparedness

     

 

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Case studies

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Large Resources Company

Advised on the company’s annual climate reporting. This included governance and misleading disclosure advice on climate change related elements of the annual report, reflecting heightened market expectations from institutional investors and strategic litigants, as well as the current focus of regulators on 'greenwashing' issues.

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Super Retail Group

Evaluated greenwashing risk in four main brands and business practices amid increasing regulatory oversight in Australia. Identified risks in products, compliance processes, and governance, and recommended areas for improvement.

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Big four bank

Advised on the bank’s climate change strategy and reporting. This included governance and misleading disclosure advice on climate change reports, formulation and disclosure of portfolio emissions reduction targets aligned to its commitment under the Net Zero Banking Alliance (NZBA).

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Transurban

Conducted a review to identify potential risks of misleading information in public climate disclosure documents, ensuring they comply with both legal requirements and applicable regulatory guidelines.

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NBN Co

Advised on the impacts of physical risks of climate change on contractual risk allocation, including specific advice on force majeure, reasonable foreseeability of risks and insurance impacts.

The rising tide of greenwashing

Read our July 2023 update

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https://www.minterellison.com/environmental-social-governance/climate-change-and-sustainability

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