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Environmental Social & Governance (ESG) ASIC Greenwashing

K&L Gates LLP

February 2025 ESG Policy Update—Australia

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Australian Update - ASIC's Key Issues Outlook for 2025 - On 24 January 2025, the Australian Securities and Investments Commission (ASIC) released its key issues outlook for 2025 which provides insights for Australian...more

K&L Gates LLP

Directors' Responsibilities for Sustainability Reporting—ASIC's Views

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Introduction - When directors and officers of reporting entities are assessing how to prepare for complying with the new sustainability reporting obligations, it is tempting to look to the Australian Securities and...more

K&L Gates LLP

October 2024 ESG Policy Update–Australia

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On 25 September 2024, the Federal Court ordered a large superannuation trustee (Trustee) to pay the highest penalty imposed for greenwashing conduct yet–AU$12.9 million. This comes off the back of the Federal Court in early...more

K&L Gates LLP

ASIC Enforcement for Sustainability Reporting Will be Different to Greenwashing

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When assessing how to comply with the new reporting obligations, reporting entities should recognise the differences in the enforcement approach that ASIC will take in relation to mandatory climate reporting compared with the...more

K&L Gates LLP

Australia Greenwashing: Half-Yearly Review of ASIC and ACCC Prosecutions – and ACCC Position on Environmental Collaborations

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In Brief - The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged "greenwashing" (misleading...more

K&L Gates LLP

September 2024 ESG Policy Update – Australia

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Australian Update - Climate-Related Disclosures Legislation Passed - The Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 (Cth) passed Parliament on 9 September 2024 and received Royal...more

K&L Gates LLP

July 2024 ESG Policy Update—Australia

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Australian Update - Proposed Code of Practice to Reduce Modern Slavery Through Lending, Investment and Asset Management - The New South Wales (NSW) Anti-Slavery Commissioner (Commissioner) recently released its discussion...more

K&L Gates LLP

May 2024 ESG Policy Update—Australia

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AUSTRALIAN UPDATE - Updated Bill to Introduce Climate-Related Financial Reporting Regime - Background - The Australian Government released the first reading draft of the Treasury Laws Amendment (Financial Market...more

K&L Gates LLP

April 2024 ESG Policy Update—Australia

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Australian Update - Australian Competition and Consumer Commission Enforcement Priorities for 2024-2025 - The Australian Competition and Consumer Commission (ACCC) has announced its enforcement and compliance priorities for...more

K&L Gates LLP

March 2024 ESG Policy Update—Australia

K&L Gates LLP on

Australian Update - Australian Securities and Investments Commission Continues Greenwashing Enforcement Efforts - On 28 February 2024, the Australian Securities and Investments Commission (ASIC) reported that an outsourced...more

Jones Day

Climate Litigation in Australia Remains Active

Jones Day on

Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation...more

K&L Gates LLP

December 2023 ESG Policy Update - Australia

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Australian Update - ASIC to Focus on Net Zero Statements and Targets - On 21-22 November 2023, the Australian Securities & Investments Commission (ASIC) hosted the ASIC Annual Forum, outlining: The progress and outcomes ASIC...more

K&L Gates LLP

ESG Policy Update – Australia

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Australian Update - Warnings Issued About Active Investment Greenwashing As reported by the Australian Financial Review, Australian Securities and Investments Commission (ASIC) has warned that superannuation funds who justify...more

Cadwalader, Wickersham & Taft LLP

Australia Regulator Initiates Greenwashing Suit Against Active Super Over ESG Investing Claims

On August 10, 2023, the Australian Securities and Investments Commission (ASIC) announced its third civil penalty proceeding this year for greenwashing against LGSS Pty Limited, which is trustee for superannuation fund Local...more

Cadwalader, Wickersham & Taft LLP

Australian Regulator Emphasizes Focus on Greenwashing Claims

In a speech delivered at the Australian Finance Review’s ESG summit on June 5, 2023, the Australian Securities and Investments Commission’s (ASIC) Chair, Joe Longo, warned companies that greenwashing is an ongoing concern for...more

TransPerfect Legal

Key Insights from the Corporate Counsel Summit – Shaping Tomorrow’s Legal Landscape

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The Corporate Counsel Summit in Sydney, hosted by Lawyers Weekly, brought together more than 300 legal professionals from various industries to discuss the evolving role of in-house lawyers and the emerging challenges they...more

Cadwalader, Wickersham & Taft LLP

Australia’s Securities and Consumer Protection Regulators Pursue Alleged Greenwashing

On February 28, 2023, Australia’s securities regulator, the Australian Securities and Investments Commission (ASIC), announced that it had commenced “civil penalty proceedings” in federal court against Mercer Superannuation...more

Cadwalader, Wickersham & Taft LLP

Australian Securities and Investments Commission Levies Another Greenwashing Fine

The Australian Securities and Investments Commission (ASIC) appears to be making up for lost time as it imposed another greenwashing-related penalty, this time against Black Mountain Energy, an upstream oil and gas company,...more

White & Case LLP

Practical guidance on avoiding "greenwashing" – an Australian response

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In June 2022, the Australian Securities and Investment Commission (ASIC) released guidance (INFO 271) for entities offering sustainability-related financial products to avoid making misrepresentations in promotional material,...more

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