As businesses continue to focus on ESG it's important to be aware of potential competition and consumer law risks, including misleading environmental claims and anti-competitive industry collaboration. After watching this short Video, you will have a clear understanding of both of these issues and some of the practical steps you can take to prevent these risks. ...

A recent decision of the New South Wales Supreme Court considered a multi-tiered dispute resolution provision that required negotiation and expert determination before a party could refer a dispute to arbitration. In a move away from earlier authorities, the court found that the agreement to arbitrate in such a clause was 'operative' even if the negotiation and mediation steps had not yet been satisfied. The decision takes a broad view of when Australian courts must refer disputes to arbitration. ...

Greenwashing in the promotion of managed investment and superannuation funds is one of ASIC's current corporate governance priorities as it continues to 'monitor the market … looking for misleading claims about ESG and sustainability'. ...

ESG has become a significant focus for business — both as a key risk and/or opportunity to drive value and growth. With a new Labor Government, ESG is set to remain at the top of the corporate agenda, given a suite of proposed policies that would reframe how businesses grapple with ESG considerations. In this Insight, we provide a snapshot of the Labor Government's roadmap on ESG, and actions businesses can take now to prepare. ...

Suppliers and service providers are a critical input into an organisation's ESG footprint, with supply chain contracts offering a key opportunity for businesses to realise their ESG goals. We provide our top tips on how businesses can optimise their supply chain contracts to meet ESG objectives. ...

Organisations today are both blessed and cursed with extraordinary amounts of data. The responsibility for information security and data governance starts and ends with the board and senior management. We offer a handbook to help navigate duties and liabilities and a checklist of questions directors should be asking. ...

APRA and AUSTRAC provide risk-management guidance in relation to crypto-assets ...

The TNFD recently released the first beta version of its reporting framework. Modelled on the Taskforce for Climate-Related Financial Disclosures, the framework seeks to establish a method for companies to identify, assess and report on material nature-related risks and opportunities. ...

The recently passed Environmental Legislation Amendment Act 2022 (NSW) (the Amendment Act) exposes directors and managers of companies to additional criminal and civil liability for breaches of environmental laws. It is now more important than ever that companies have robust processes in place to ensure they are operating in an environmentally satisfactory manner. It is also critical for directors and managers (and those who advise directors and management) to understand their potential exposure to criminal liability for actions taken (or not taken) by companies. ...

We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...