ESG Transformation: Conversation Series Fri, 19 Jun 2026 18:34:49 -0400 http://www.herbertsmithfreehillskramer.com en © 2026 ESG Transformation: Conversation Series yes 36ec0a95-b8c5-5092-b684-31c048f59af7 Herbert Smith Freehills Kramer episodic false The increasing focus on corporate purpose, accountability and operational resilience continues to strengthen environmental, social and governance (ESG) matters as a core strategic issue for businesses, investors and lenders. In this podcast series, we discuss the risks and opportunities to provide much needed clarity to achieve a sustainable future.

]]> Buzzsprout (https://www.buzzsprout.com) ESG, environment, social, governance, law, legal, Herbert Smith Freehills Kramer https://storage.buzzsprout.com/ik176mg7uomvx2qqbetprv4jcqra?.jpg ESG Transformation: Conversation Series http://www.herbertsmithfreehillskramer.com The Third Wheel (ESG Australia) EP49: Structuring your Sustainability Report The Third Wheel (ESG Australia) EP49: Structuring your Sustainability Report Tim Stutt, Anna Coroneo and Isabella Kelly delve into the integration of sustainability reports into annual reports, exploring the challenges and strategies for clear and effective climate-related disclosures. They cover a broad spectrum of topics including the potential for ASIC relief applications, complexities of cross-referencing and implications of the modified liability regime. They share insights from the latest ASIC sustainability guidance released in March 2025 and practical tips for ensuring compliance and effective communication in your sustainability reporting. 

]]> Tim Stutt, Anna Coroneo and Isabella Kelly delve into the integration of sustainability reports into annual reports, exploring the challenges and strategies for clear and effective climate-related disclosures. They cover a broad spectrum of topics including the potential for ASIC relief applications, complexities of cross-referencing and implications of the modified liability regime. They share insights from the latest ASIC sustainability guidance released in March 2025 and practical tips for ensuring compliance and effective communication in your sustainability reporting. 

]]> Herbert Smith Freehills LLP Buzzsprout-17112885 Fri, 23 May 2025 01:00:00 -0400 1695 full false The Third Wheel (ESG Australia) EP48: Climate reporting readiness (and welcome back to TTW 2025!) The Third Wheel (ESG Australia) EP48: Climate reporting readiness (and welcome back to TTW 2025!) In our first episode of The Third Wheel for 2025, Tim Stutt, Anna Coroneo and Suzannah Hewson explore the key themes and latest trends in climate and sustainability reporting both globally and in Australia. They offer practical advice for companies preparing for new regulatory requirements and conducting climate reporting readiness initiatives, including gaps analysis, data management, and stakeholder engagement. They also explore broader ESG issues, such as integrating ESG into risk management and procurement processes, and the future of nature-related reporting. 

]]> In our first episode of The Third Wheel for 2025, Tim Stutt, Anna Coroneo and Suzannah Hewson explore the key themes and latest trends in climate and sustainability reporting both globally and in Australia. They offer practical advice for companies preparing for new regulatory requirements and conducting climate reporting readiness initiatives, including gaps analysis, data management, and stakeholder engagement. They also explore broader ESG issues, such as integrating ESG into risk management and procurement processes, and the future of nature-related reporting. 

]]> Herbert Smith Freehills LLP Buzzsprout-17112829 Tue, 06 May 2025 20:00:00 -0400 1295 full false The Third Wheel (ESG Australia) EP47: 2024 (Gift) Wrapped The Third Wheel (ESG Australia) EP47: 2024 (Gift) Wrapped In the final episode of The Third Wheel for 2024, Tim Stutt and Mel Debenham reflect on the year’s ESG developments and look ahead to 2025. They discuss the recent governmental response to the statutory review of the Modern Slavery Act 2018 (Cth); the winding path of nature positive reforms in Australia; preparations ahead of the first year of reporting under the new climate reporting regime; and the growing focus on nature-related disclosures. The episode closes with their thoughts on a possible pendulum swing towards greater scrutiny of proposed ESG regulations moving forward, as regulatory fatigue sets in and having regard to changes in sentiment locally and abroad.





]]> In the final episode of The Third Wheel for 2024, Tim Stutt and Mel Debenham reflect on the year’s ESG developments and look ahead to 2025. They discuss the recent governmental response to the statutory review of the Modern Slavery Act 2018 (Cth); the winding path of nature positive reforms in Australia; preparations ahead of the first year of reporting under the new climate reporting regime; and the growing focus on nature-related disclosures. The episode closes with their thoughts on a possible pendulum swing towards greater scrutiny of proposed ESG regulations moving forward, as regulatory fatigue sets in and having regard to changes in sentiment locally and abroad.





]]> Herbert Smith Freehills LLP Buzzsprout-16291382 Tue, 17 Dec 2024 20:00:00 -0500 1319 full false Reporting For Duties: ESG Reporting in Australia - Assurance Reporting For Duties: ESG Reporting in Australia - Assurance How can companies prepare for the assurance requirements when they’re still a moving target in and of themselves…?

In this episode, we talk about the current proposal from the Australian Auditing and Assurance Standards Board (AUASB) for phased assurance (with consultation open until 3 May 2024). We also talk through some practical steps that companies can be taking now to prepare for assurance of climate reporting.

]]> How can companies prepare for the assurance requirements when they’re still a moving target in and of themselves…?

In this episode, we talk about the current proposal from the Australian Auditing and Assurance Standards Board (AUASB) for phased assurance (with consultation open until 3 May 2024). We also talk through some practical steps that companies can be taking now to prepare for assurance of climate reporting.

]]> Herbert Smith Freehills LLP Buzzsprout-15928456 Tue, 15 Oct 2024 01:00:00 -0400 667 full false Reporting For Duties: ESG Reporting in Australia - Verification Reporting For Duties: ESG Reporting in Australia - Verification The process to test and verify the integrity of climate-related information will be critical in ensuring public disclosures match internal practices, and that claims can be substantiated if challenged.

As well as being a baseline expectation of the board, a thorough verification process will be important to substantiate claims and underpin assurance. In this episode, we talk about verification approaches, key learnings so far, and linkages to more fulsome auditing of reports in due course.

]]> The process to test and verify the integrity of climate-related information will be critical in ensuring public disclosures match internal practices, and that claims can be substantiated if challenged.

As well as being a baseline expectation of the board, a thorough verification process will be important to substantiate claims and underpin assurance. In this episode, we talk about verification approaches, key learnings so far, and linkages to more fulsome auditing of reports in due course.

]]> Herbert Smith Freehills LLP Buzzsprout-15928454 Tue, 15 Oct 2024 01:00:00 -0400 340 full false Reporting For Duties: ESG Reporting in Australia - ASRS: Metrics & targets pillar Reporting For Duties: ESG Reporting in Australia - ASRS: Metrics & targets pillar Climate-related metrics and targets are already a key area of focus for stakeholders, but under the new regime there will be more granularity than has been disclosed in the past.

The ASRS metrics & targets pillar requires companies to take the leap towards granular quantitative disclosures (including in relation to Scope 3 emissions). In this episode, we talk about the need for a deep understanding of the related metrics, assumptions, interim targets and contingencies and how they factor into a company’s position and prospects.

]]> Climate-related metrics and targets are already a key area of focus for stakeholders, but under the new regime there will be more granularity than has been disclosed in the past.

The ASRS metrics & targets pillar requires companies to take the leap towards granular quantitative disclosures (including in relation to Scope 3 emissions). In this episode, we talk about the need for a deep understanding of the related metrics, assumptions, interim targets and contingencies and how they factor into a company’s position and prospects.

]]> Herbert Smith Freehills LLP Buzzsprout-15928450 Tue, 15 Oct 2024 01:00:00 -0400 539 full false Reporting For Duties: ESG Reporting in Australia - ASRS: Strategy pillar Reporting For Duties: ESG Reporting in Australia - ASRS: Strategy pillar Disclosure under this pillar is not just headline statements and overarching direction. These mandatory climate-related disclosures will mean that a company’s “strategy” will need to include comprehensive disclosure of how climate considerations are integrated into decision-making.

The ASRS strategy pillar requires companies to focus not just on its transition plan and overarching strategic pathway for the company, but also how climate-related risks and opportunities are expected to impact on business model, financial position/performance and value chain. In this episode, we talk about the ways in which climate impacts, risks and opportunities will inform your disclosed strategy and prospects, including their linkages to planning and decision-making.

]]> Disclosure under this pillar is not just headline statements and overarching direction. These mandatory climate-related disclosures will mean that a company’s “strategy” will need to include comprehensive disclosure of how climate considerations are integrated into decision-making.

The ASRS strategy pillar requires companies to focus not just on its transition plan and overarching strategic pathway for the company, but also how climate-related risks and opportunities are expected to impact on business model, financial position/performance and value chain. In this episode, we talk about the ways in which climate impacts, risks and opportunities will inform your disclosed strategy and prospects, including their linkages to planning and decision-making.

]]> Herbert Smith Freehills LLP Buzzsprout-15928443 Tue, 15 Oct 2024 01:00:00 -0400 466 full false Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge.

The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articulate accountabilities and reporting ‘flows’ within the business, in a way that will support your disclosures longer term.

]]> Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge.

The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articulate accountabilities and reporting ‘flows’ within the business, in a way that will support your disclosures longer term.

]]> Herbert Smith Freehills LLP Buzzsprout-15928442 Tue, 15 Oct 2024 01:00:00 -0400 426 full false Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge.

The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articulate accountabilities and reporting ‘flows’ within the business, in a way that will support your disclosures longer term.

]]> Board and management oversight of climate issues is not a new concept, but deciphering and disclosing how this occurs in practice is often a challenge.

The ASRS governance pillar requires quite granular disclosures of the board and management’s role in overseeing climate-related risks and opportunities. In this episode, we talk about how to articulate accountabilities and reporting ‘flows’ within the business, in a way that will support your disclosures longer term.

]]> Herbert Smith Freehills LLP Buzzsprout-15928431 Tue, 15 Oct 2024 01:00:00 -0400 637 full false Reporting For Duties: ESG Reporting in Australia - Climate governance frameworks Reporting For Duties: ESG Reporting in Australia - Climate governance frameworks The new reporting regime will be a prompt for companies to critically assess whether existing governance arrangements are ‘fit for purpose’ (and disclosure) in respect of climate impacts, risks and opportunities.

In this episode, we talk about how companies are stress-testing their governance arrangements, reconsidering the division of responsibility, board and management skill sets, and updating current governance documents (e.g. charters, agendas).

]]> The new reporting regime will be a prompt for companies to critically assess whether existing governance arrangements are ‘fit for purpose’ (and disclosure) in respect of climate impacts, risks and opportunities.

In this episode, we talk about how companies are stress-testing their governance arrangements, reconsidering the division of responsibility, board and management skill sets, and updating current governance documents (e.g. charters, agendas).

]]> Herbert Smith Freehills LLP Buzzsprout-15928425 Tue, 15 Oct 2024 01:00:00 -0400 543 full false Reporting For Duties: ESG Reporting in Australia - Getting ready for climate reporting Reporting For Duties: ESG Reporting in Australia - Getting ready for climate reporting Given the scale of the exercise to report against the new climate reporting regime, what sort of foundational steps should companies be considering now?

In this episode, we share our insights into common pain points and suggested focus areas to help identify aspects of reporting for front loading, ahead of the new regime commencing.

]]> Given the scale of the exercise to report against the new climate reporting regime, what sort of foundational steps should companies be considering now?

In this episode, we share our insights into common pain points and suggested focus areas to help identify aspects of reporting for front loading, ahead of the new regime commencing.

]]> Herbert Smith Freehills LLP Buzzsprout-15928418 Tue, 15 Oct 2024 01:00:00 -0400 474 full false Reporting For Duties: ESG Reporting in Australia - A new climate reporting regime… now what? Reporting For Duties: ESG Reporting in Australia - A new climate reporting regime… now what? Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?).

The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This episode talks about how the regime will phase in, and how it might impact companies in practice.

]]> Now legislation for Australia’s new climate reporting regime has finally been introduced into Parliament, what impact will it have for corporates?... (and when?).

The new climate reporting regime is likely to require a significant uplift in corporate reporting – and will require considerable resources and effort over the next 12-18 months. This episode talks about how the regime will phase in, and how it might impact companies in practice.

]]> Herbert Smith Freehills LLP Buzzsprout-15928416 Tue, 15 Oct 2024 01:00:00 -0400 747 full false The Third Wheel (ESG Australia) EP46: ESG x Tech: A spotlight on data centres The Third Wheel (ESG Australia) EP46: ESG x Tech: A spotlight on data centres Tim Stutt and Isabella Kelly are joined by Aaron White and Adrian Wong to discuss the soaring demand for data centres and the importance of identifying and managing ESG issues in their development and operation. Adrian provides insights on how generative AI is driving the demand for data services, the development hotspots, and the policy and regulatory levers to encourage investment. Aaron highlights the sustainability challenges that come with the growth in data centres and how they are being addressed across the market. This episode explores the need to manage these issues responsibly and raises intriguing questions: Could nuclear energy be part of the solution? How can sustainability be factored into building siting and design? What role could AI play in responding to these challenges?

For more, read our insight Data Centres: Global perspective on key issues: https://www.herbertsmithfreehills.com/insights/2024-07/data-centres-global-perspectives-on-key-issues

]]> Tim Stutt and Isabella Kelly are joined by Aaron White and Adrian Wong to discuss the soaring demand for data centres and the importance of identifying and managing ESG issues in their development and operation. Adrian provides insights on how generative AI is driving the demand for data services, the development hotspots, and the policy and regulatory levers to encourage investment. Aaron highlights the sustainability challenges that come with the growth in data centres and how they are being addressed across the market. This episode explores the need to manage these issues responsibly and raises intriguing questions: Could nuclear energy be part of the solution? How can sustainability be factored into building siting and design? What role could AI play in responding to these challenges?

For more, read our insight Data Centres: Global perspective on key issues: https://www.herbertsmithfreehills.com/insights/2024-07/data-centres-global-perspectives-on-key-issues

]]> Herbert Smith Freehills LLP Buzzsprout-15928205 Tue, 15 Oct 2024 00:00:00 -0400 1913 full false The Third Wheel (ESG Australia) EP45: Whistleblowing systems and ESG risk management The Third Wheel (ESG Australia) EP45: Whistleblowing systems and ESG risk management Jacqueline Wootton, Christopher Hicks and Isabella Kelly embark on a whistle-stop tour of the intersection of ESG and whistleblowing. They discuss why developing an effective whistleblower program is a sound investment and should be a core part of an ESG risk management system. They explore how whistleblower programs can help companies comply with a web of positive legal obligations on various ESG topics, identify and address thematic ESG issues early, and mitigate against the reputational impacts that can arise when concerns are aired publicly.

For more, read our legal briefing on ASIC’s guidance for handling whistleblower disclosures: https://www.herbertsmithfreehills.com/insights/2023-03/australia%E2%80%99s-corporate-whistleblower-protections-in-the-spotlight

]]> Jacqueline Wootton, Christopher Hicks and Isabella Kelly embark on a whistle-stop tour of the intersection of ESG and whistleblowing. They discuss why developing an effective whistleblower program is a sound investment and should be a core part of an ESG risk management system. They explore how whistleblower programs can help companies comply with a web of positive legal obligations on various ESG topics, identify and address thematic ESG issues early, and mitigate against the reputational impacts that can arise when concerns are aired publicly.

For more, read our legal briefing on ASIC’s guidance for handling whistleblower disclosures: https://www.herbertsmithfreehills.com/insights/2023-03/australia%E2%80%99s-corporate-whistleblower-protections-in-the-spotlight

]]> Herbert Smith Freehills LLP Buzzsprout-15928204 Tue, 15 Oct 2024 00:00:00 -0400 2507 full false The Third Wheel (ESG Australia) EP44: ESG without borders: International reporting perspectives The Third Wheel (ESG Australia) EP44: ESG without borders: International reporting perspectives Isabella Kelly is joined by Gareth Sykes, Heike Schmitz and Carolyn Pugsley for a tour of some of the key ESG reporting requirements internationally and the work that is being done to understand how they map against each other. They discuss challenges around the regimes’ differences in materiality thresholds, subject matter coverage and approaches to protection from liability. They share insights on the practical realities for companies who are grappling with how to comply with multiple regimes, including whether the same disclosures – or at least the same data – can be used, and what can be done to understand where uplift is required.

]]> Isabella Kelly is joined by Gareth Sykes, Heike Schmitz and Carolyn Pugsley for a tour of some of the key ESG reporting requirements internationally and the work that is being done to understand how they map against each other. They discuss challenges around the regimes’ differences in materiality thresholds, subject matter coverage and approaches to protection from liability. They share insights on the practical realities for companies who are grappling with how to comply with multiple regimes, including whether the same disclosures – or at least the same data – can be used, and what can be done to understand where uplift is required.

]]> Herbert Smith Freehills LLP Buzzsprout-15928197 Tue, 15 Oct 2024 00:00:00 -0400 1328 full false The Third Wheel (ESG Australia) Special Episode: Stuck in the Middle? Unlocking ESG Investment The Third Wheel (ESG Australia) Special Episode: Stuck in the Middle? Unlocking ESG Investment Tim Stutt and Mel Debenham are back behind the wheel to discuss HSF's second report in its ‘Unlocking ESG Investment in Australia’ series. They explore the findings of our second major survey on the barriers to deploying investment in ESG-aligned activities, and the progress in operationalising ESG considerations across business activities. The report surveyed 161 senior executives from large Australian companies and found that ESG remains a clear focus in investment decisions, although there remain challenges in deploying capital such as lack of financial return, proven technologies and access to capital. Tim and Mel explore the ‘S’ issues that are rising in prominence for Australian businesses, and discuss some of the regulatory and market changes that have occurred since HSF's first Unlocking ESG Investment in Australia Report in 2022.

For more, read the report: Stuck in the Middle? Unlocking ESG Investment in Australia 2024: https://www.herbertsmithfreehills.com/insights/reports/esg-in-australia-2024-report?utm_source=podcast&utm_medium=apple&utm_campaign=landing

]]> Tim Stutt and Mel Debenham are back behind the wheel to discuss HSF's second report in its ‘Unlocking ESG Investment in Australia’ series. They explore the findings of our second major survey on the barriers to deploying investment in ESG-aligned activities, and the progress in operationalising ESG considerations across business activities. The report surveyed 161 senior executives from large Australian companies and found that ESG remains a clear focus in investment decisions, although there remain challenges in deploying capital such as lack of financial return, proven technologies and access to capital. Tim and Mel explore the ‘S’ issues that are rising in prominence for Australian businesses, and discuss some of the regulatory and market changes that have occurred since HSF's first Unlocking ESG Investment in Australia Report in 2022.

For more, read the report: Stuck in the Middle? Unlocking ESG Investment in Australia 2024: https://www.herbertsmithfreehills.com/insights/reports/esg-in-australia-2024-report?utm_source=podcast&utm_medium=apple&utm_campaign=landing

]]> Herbert Smith Freehills LLP Buzzsprout-15928189 Tue, 15 Oct 2024 00:00:00 -0400 1700 full false The Third Wheel (ESG Australia) EP42: Climate reporting – the preparation starts now The Third Wheel (ESG Australia) EP42: Climate reporting – the preparation starts now Anna Coroneo and Isabella Kelly cast aside Third Wheel tradition to have a one-on-one discussion about some of the key aspects of Australia’s incoming climate reporting regime. From directors’ declarations to modified liability and assurance, Anna and Isabella discuss the uplift required of organisations as they prepare for the new requirements. They highlight what can be done now – from gaps analysis to data gathering – to front end the work to get ready for the regime. They emphasise the importance of strong governance and oversight around forward-looking disclosures, and touch on how mandatory disclosure requirements in other jurisdictions are coming into play as multinational organisations seek to streamline their compliance efforts.

For more, check out Herbert Smith Freehills’ limited podcast series, Reporting for Duties https://www.herbertsmithfreehills.com/insights/2023-08/reporting-for-duties-%E2%80%93-esg-reporting-in-australia, providing bite-sized insights on how companies are preparing to report under Australia’s future mandatory climate-related reporting regime

]]> Anna Coroneo and Isabella Kelly cast aside Third Wheel tradition to have a one-on-one discussion about some of the key aspects of Australia’s incoming climate reporting regime. From directors’ declarations to modified liability and assurance, Anna and Isabella discuss the uplift required of organisations as they prepare for the new requirements. They highlight what can be done now – from gaps analysis to data gathering – to front end the work to get ready for the regime. They emphasise the importance of strong governance and oversight around forward-looking disclosures, and touch on how mandatory disclosure requirements in other jurisdictions are coming into play as multinational organisations seek to streamline their compliance efforts.

For more, check out Herbert Smith Freehills’ limited podcast series, Reporting for Duties https://www.herbertsmithfreehills.com/insights/2023-08/reporting-for-duties-%E2%80%93-esg-reporting-in-australia, providing bite-sized insights on how companies are preparing to report under Australia’s future mandatory climate-related reporting regime

]]> Herbert Smith Freehills LLP Buzzsprout-15928188 Tue, 15 Oct 2024 00:00:00 -0400 1239 full false The Third Wheel (ESG Australia) EP41: So you want to be a carbon farmer? The Third Wheel (ESG Australia) EP41: So you want to be a carbon farmer? Lucy McCullagh, Alice Molan, Mark Hatfull and Naomi Hutchings delve into the multifaceted world of carbon offset projects working toward Australia’s net zero and nature positive goals, from regulatory considerations to project finance and structuring. Key concepts are outlined including the Carbon Farming Initiative Act, the Australian Carbon Credit Unit (ACCU) scheme and the need to comply with financial services laws. They anticipate continued growth in the offset market driven by domestic and international players, the rise of joint ventures and debt financing, whilst acknowledging integrity issues and the importance of significant collaboration and partnerships.

]]> Lucy McCullagh, Alice Molan, Mark Hatfull and Naomi Hutchings delve into the multifaceted world of carbon offset projects working toward Australia’s net zero and nature positive goals, from regulatory considerations to project finance and structuring. Key concepts are outlined including the Carbon Farming Initiative Act, the Australian Carbon Credit Unit (ACCU) scheme and the need to comply with financial services laws. They anticipate continued growth in the offset market driven by domestic and international players, the rise of joint ventures and debt financing, whilst acknowledging integrity issues and the importance of significant collaboration and partnerships.

]]> Herbert Smith Freehills LLP Buzzsprout-15928180 Tue, 15 Oct 2024 00:00:00 -0400 1432 full false Investigate 360 x The Third Wheel: Corporate Crossroads – ESG and Criminal Responsibility Investigate 360 x The Third Wheel: Corporate Crossroads – ESG and Criminal Responsibility Jacqueline Wootton, Christine Wong and Christopher Hicks discuss the intersection between corporate criminal responsibility and ESG in a Third Wheel X Investigate 360 collaboration episode exploring governance, social licence to operate and the regulation of ESG issues under criminal standards. The serious risks associated with criminal matters are underlined, from corporate penalties and investigations through to individual prosecution and reputational consequences as well as the patchwork of inconsistent standards and methods for determining when a company will be held criminally responsible. They discuss the ongoing road to reform, including a radical change in relation to foreign bribery and the potential introduction of Deferred Prosecution Agreements. Our team conclude with some of the steps companies can take to future proof their business to respond to criminal liability and risk.




]]> Jacqueline Wootton, Christine Wong and Christopher Hicks discuss the intersection between corporate criminal responsibility and ESG in a Third Wheel X Investigate 360 collaboration episode exploring governance, social licence to operate and the regulation of ESG issues under criminal standards. The serious risks associated with criminal matters are underlined, from corporate penalties and investigations through to individual prosecution and reputational consequences as well as the patchwork of inconsistent standards and methods for determining when a company will be held criminally responsible. They discuss the ongoing road to reform, including a radical change in relation to foreign bribery and the potential introduction of Deferred Prosecution Agreements. Our team conclude with some of the steps companies can take to future proof their business to respond to criminal liability and risk.




]]> Herbert Smith Freehills LLP Buzzsprout-15928170 Tue, 15 Oct 2024 00:00:00 -0400 2063 full false The Third Wheel (ESG Australia) EP39: The ESG Crystal Ball for 2024 The Third Wheel (ESG Australia) EP39: The ESG Crystal Ball for 2024 Isabella Kelly fires up the crystal ball and invites Tim Stutt and Mel Debenham to share their ESG predictions for 2024. Mel discusses the timing tightrope for decarbonisation projects, Commonwealth environmental legislative reform and a very different approach to regulation. Tim queries if there is an elastic start date for mandatory climate reporting, whilst the required corporate uplift crystallises. Shifting landscapes emerge for Australia’s Sustainable Finance Strategy, post-Voice referendum pathways, the EU’s Corporate Sustainability Due Diligence Directive and Australia’s Modern Slavery Act reform. They emphasise the important interrelationship between ESG spheres and close with some federal election musings around balancing energy policy and cost of living, social and biodiversity impacts.

For more, check out the AICD’s Climate Governance Study 2024, for which Herbert Smith Freehills conducted research into ASX 200 governance structures, and the jointly prepared guide Bringing together ESG: Board structures and sustainability.

]]> Isabella Kelly fires up the crystal ball and invites Tim Stutt and Mel Debenham to share their ESG predictions for 2024. Mel discusses the timing tightrope for decarbonisation projects, Commonwealth environmental legislative reform and a very different approach to regulation. Tim queries if there is an elastic start date for mandatory climate reporting, whilst the required corporate uplift crystallises. Shifting landscapes emerge for Australia’s Sustainable Finance Strategy, post-Voice referendum pathways, the EU’s Corporate Sustainability Due Diligence Directive and Australia’s Modern Slavery Act reform. They emphasise the important interrelationship between ESG spheres and close with some federal election musings around balancing energy policy and cost of living, social and biodiversity impacts.

For more, check out the AICD’s Climate Governance Study 2024, for which Herbert Smith Freehills conducted research into ASX 200 governance structures, and the jointly prepared guide Bringing together ESG: Board structures and sustainability.

]]> Herbert Smith Freehills LLP Buzzsprout-14757882 Sun, 24 Mar 2024 18:00:00 -0400 1691 full false The Third Wheel (ESG Australia) EP38: COP28 – the debrief with Silke Goldberg The Third Wheel (ESG Australia) EP38: COP28 – the debrief with Silke Goldberg Tim Stutt and Mel Debenham are joined by Silke Goldberg to debrief COP28 through the lens of four paradigm shifts – (1) climate finance, (2) fast tracking the energy transition and emissions reduction, (3) nature and people, and (4) the “just transition”. They close with reflections on the vital role of lawyers and the legal industry in bridging gaps and fostering agreement.

For more, check out our COP28 hub: https://www.herbertsmithfreehills.com/insights/key-topics/esg/COP28

]]> Tim Stutt and Mel Debenham are joined by Silke Goldberg to debrief COP28 through the lens of four paradigm shifts – (1) climate finance, (2) fast tracking the energy transition and emissions reduction, (3) nature and people, and (4) the “just transition”. They close with reflections on the vital role of lawyers and the legal industry in bridging gaps and fostering agreement.

For more, check out our COP28 hub: https://www.herbertsmithfreehills.com/insights/key-topics/esg/COP28

]]> Herbert Smith Freehills LLP Buzzsprout-14268379 Sun, 07 Jan 2024 23:00:00 -0500 1473 full false The Third Wheel (ESG Australia) EP37: Future of Work – New challenges, new norms The Third Wheel (ESG Australia) EP37: Future of Work – New challenges, new norms Olga Klimczak, Natalie Gaspar and Shiv Jhinku take the wheel to explore HSF’s latest Future of Work report. They unpack the key ESG related findings including cost of living, pay and benefit inequalities as a potential trigger for activism, as well as a significant rise in demand for workplace health and wellbeing support. With Australia on the cusp of profound legislative change, and a raft of new sustainability reporting standards increasing business scrutiny, we discuss the new opportunities this provides to proactively and meaningfully engage with employees, particularly in light of Generation Z’s entrance into the workforce.

For more, check out our report: Future of Work 2023: https://www.herbertsmithfreehills.com/insights/reports/future-of-work-report-2023

]]> Olga Klimczak, Natalie Gaspar and Shiv Jhinku take the wheel to explore HSF’s latest Future of Work report. They unpack the key ESG related findings including cost of living, pay and benefit inequalities as a potential trigger for activism, as well as a significant rise in demand for workplace health and wellbeing support. With Australia on the cusp of profound legislative change, and a raft of new sustainability reporting standards increasing business scrutiny, we discuss the new opportunities this provides to proactively and meaningfully engage with employees, particularly in light of Generation Z’s entrance into the workforce.

For more, check out our report: Future of Work 2023: https://www.herbertsmithfreehills.com/insights/reports/future-of-work-report-2023

]]> Herbert Smith Freehills LLP Buzzsprout-14268375 Sun, 07 Jan 2024 23:00:00 -0500 598 full false The Third Wheel (ESG Australia) EP36: Australia releases its Sustainable Finance Strategy The Third Wheel (ESG Australia) EP36: Australia releases its Sustainable Finance Strategy Lucy McCullagh, Alice Molan and Anna Coroneo return to “the wheel” to discuss Australia’s Sustainable Finance Strategy, recently released by Treasury and including a range of measures to underpin sustainable finance markets as the country transitions to net zero. They unpack the strategy’s three core pillars, being improved transparency through credible and accurate information, financial system capabilities, government commitments and leadership on aligning to global frameworks.

]]> Lucy McCullagh, Alice Molan and Anna Coroneo return to “the wheel” to discuss Australia’s Sustainable Finance Strategy, recently released by Treasury and including a range of measures to underpin sustainable finance markets as the country transitions to net zero. They unpack the strategy’s three core pillars, being improved transparency through credible and accurate information, financial system capabilities, government commitments and leadership on aligning to global frameworks.

]]> Herbert Smith Freehills LLP Buzzsprout-14268371 Sun, 07 Jan 2024 23:00:00 -0500 1490 full false The Third Wheel (ESG Australia) EP35: A COP of action? The Third Wheel (ESG Australia) EP35: A COP of action? Lewis McDonald, Carolyn Pugsley and Tim Stutt set the scene ahead of COP28 in Dubai with a stocktake of past COPs and sign-posts to the way forward, including new "regulatory technology" and continued investment to support innovation across the energy transition. They also discuss the ‘trilemma’ of energy security, affordability and sustainability.

Check out the biodiversity questionnaire: https://www.herbertsmithfreehills.com/insights/2023-09/the-biodiversity-questionnaire-%E2%80%93-are-you-ready

For more COP28 insights, visit our hub: https://www.herbertsmithfreehills.com/insights/key-topics/esg/COP28

]]> Lewis McDonald, Carolyn Pugsley and Tim Stutt set the scene ahead of COP28 in Dubai with a stocktake of past COPs and sign-posts to the way forward, including new "regulatory technology" and continued investment to support innovation across the energy transition. They also discuss the ‘trilemma’ of energy security, affordability and sustainability.

Check out the biodiversity questionnaire: https://www.herbertsmithfreehills.com/insights/2023-09/the-biodiversity-questionnaire-%E2%80%93-are-you-ready

For more COP28 insights, visit our hub: https://www.herbertsmithfreehills.com/insights/key-topics/esg/COP28

]]> Herbert Smith Freehills LLP Buzzsprout-14268368 Sun, 07 Jan 2024 23:00:00 -0500 1404 full false The Third Wheel (ESG Australia) EP34: Global Bank Review – Balancing Acts The Third Wheel (ESG Australia) EP34: Global Bank Review – Balancing Acts Jacqueline Wootton, Hannah Cassidy and Antony Crockett take the wheel to explore trust in banking, as the sector faces a number of stress tests, including carving out credible positions on social and climate issues, creating new carbon offset markets which operate with integrity and transparency and other challenges explored in HSF’s latest edition of the annual Global Bank Review. They discuss how embracing calls for greater diligence, disclosure, reporting and transparency around ESG issues across the wider business sector might just help banks to balance the competing demands - meeting shareholder expectations and leading on social imperatives. 

For more, check out our Global Bank Review: https://insights.hsf.com/global-bank-review-2023/p/5?utm_source=soundcloud&utm_medium=podcast&utm_term=third-wheel-ep34

]]> Jacqueline Wootton, Hannah Cassidy and Antony Crockett take the wheel to explore trust in banking, as the sector faces a number of stress tests, including carving out credible positions on social and climate issues, creating new carbon offset markets which operate with integrity and transparency and other challenges explored in HSF’s latest edition of the annual Global Bank Review. They discuss how embracing calls for greater diligence, disclosure, reporting and transparency around ESG issues across the wider business sector might just help banks to balance the competing demands - meeting shareholder expectations and leading on social imperatives. 

For more, check out our Global Bank Review: https://insights.hsf.com/global-bank-review-2023/p/5?utm_source=soundcloud&utm_medium=podcast&utm_term=third-wheel-ep34

]]> Herbert Smith Freehills LLP Buzzsprout-14268363 Sun, 07 Jan 2024 23:00:00 -0500 1551 full false The Third Wheel (ESG Australia) EP33: Sustainable Finance 2023 – Australia’s time to lead The Third Wheel (ESG Australia) EP33: Sustainable Finance 2023 – Australia’s time to lead Lucy McCullagh, Alice Molan and Anna Coroneo take the wheel to debrief their key takeaways from the Australian Sustainable Finance Summit 2023, including Australia’s progress toward a financial system aligned with sustainability commitments, the creation of an Australian sustainable finance taxonomy, the development of disclosure and reporting standards and the importance of transition financing. They discuss recent innovations such as taking longer term approaches to natural capital and the environment, ongoing partnerships with First Nations communities for better outcomes and the provision of “Blended Finance” to bridge the execution gap between intent and bankable opportunities.

]]> Lucy McCullagh, Alice Molan and Anna Coroneo take the wheel to debrief their key takeaways from the Australian Sustainable Finance Summit 2023, including Australia’s progress toward a financial system aligned with sustainability commitments, the creation of an Australian sustainable finance taxonomy, the development of disclosure and reporting standards and the importance of transition financing. They discuss recent innovations such as taking longer term approaches to natural capital and the environment, ongoing partnerships with First Nations communities for better outcomes and the provision of “Blended Finance” to bridge the execution gap between intent and bankable opportunities.

]]> Herbert Smith Freehills LLP Buzzsprout-14268360 Sun, 07 Jan 2024 23:00:00 -0500 833 full false The Third Wheel (ESG Australia) EP32: A First Nations Voice in the Australian Constitution The Third Wheel (ESG Australia) EP32: A First Nations Voice in the Australian Constitution Melanie Debenham is joined by Gemma McKinnon and Bianca Janovic from our Pro Bono and Responsible Business teams to take us through the Regional Dialogue process that led to the Uluru Statement from the Heart and how it relates to the Voice referendum proposal. They discuss the proposed constitutional amendment and principles of the Voice to Parliament. They address some of the more “lawyerly” considerations and practicalities of implementing a Voice to Parliament – as well as its accountability to the community and recognition of 65,000 years of continued care for country by First Nations people.

We recognise that voters must make their own decision at the ballot box and hope to assist people to make their own informed decision. 

For more information, we provide some further resources:
•Law Council of Australia’s material on the Referendum: https://lawcouncil.au/policy-agenda/the-referendum-for-an-aboriginal-and-torres-strait-islander-voice  
•Joint Select Committee Parliamentary Inquiry materials (e.g. final report, hearing transcripts and submissions): https://www.aph.gov.au/News_and_Events/Watch_Read_Listen and https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Aboriginal_and_Torres_Strait_Islander_Voice_Referendum/VoiceReferendum/Public_Hearings 
•Australian Electoral Commission, ‘Referendums… it’s been a while’: https://www.aec.gov.au/referendums/ 
•National Indigenous Australians Agency Voice: https://voice.niaa.gov.au/ 
•AUSPUBLAW blog: https://www.auspublaw.org/

]]> Melanie Debenham is joined by Gemma McKinnon and Bianca Janovic from our Pro Bono and Responsible Business teams to take us through the Regional Dialogue process that led to the Uluru Statement from the Heart and how it relates to the Voice referendum proposal. They discuss the proposed constitutional amendment and principles of the Voice to Parliament. They address some of the more “lawyerly” considerations and practicalities of implementing a Voice to Parliament – as well as its accountability to the community and recognition of 65,000 years of continued care for country by First Nations people.

We recognise that voters must make their own decision at the ballot box and hope to assist people to make their own informed decision. 

For more information, we provide some further resources:
•Law Council of Australia’s material on the Referendum: https://lawcouncil.au/policy-agenda/the-referendum-for-an-aboriginal-and-torres-strait-islander-voice  
•Joint Select Committee Parliamentary Inquiry materials (e.g. final report, hearing transcripts and submissions): https://www.aph.gov.au/News_and_Events/Watch_Read_Listen and https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Aboriginal_and_Torres_Strait_Islander_Voice_Referendum/VoiceReferendum/Public_Hearings 
•Australian Electoral Commission, ‘Referendums… it’s been a while’: https://www.aec.gov.au/referendums/ 
•National Indigenous Australians Agency Voice: https://voice.niaa.gov.au/ 
•AUSPUBLAW blog: https://www.auspublaw.org/

]]> Herbert Smith Freehills LLP Buzzsprout-14268355 Sun, 07 Jan 2024 23:00:00 -0500 2487 full false The Third Wheel (ESG Australia) EP31: Climate Governance Forum 2023 – a call to action The Third Wheel (ESG Australia) EP31: Climate Governance Forum 2023 – a call to action Melanie Debenham and Timothy Stutt wrap up their reflections on this year’s Climate Governance Forum, hosted by the AICD and the Climate Governance Initiative Australia. Kicking off with a keynote from Mike Cannon-Brookes and followed by sessions on mandatory reporting, transition planning, greenwashing risks and an address by Senator Jenny McAllister (Assistant Minister for Climate Change), the day was rounded out with discussions on understanding stakeholder expectations and the role for boards in addressing biodiversity and nature. Speakers underlined not only the urgency of the issues but in seizing the opportunities in making climate action core business strategy.

For more, read our latest legal briefing on Australia’s proposed mandatory climate reporting regime (https://www.herbertsmithfreehills.com/latest-thinking/consultation-closes-on-australia%E2%80%99s-new-mandatory-climate-reporting-regime) and short podcast series Reporting for Duties (https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia).

]]> Melanie Debenham and Timothy Stutt wrap up their reflections on this year’s Climate Governance Forum, hosted by the AICD and the Climate Governance Initiative Australia. Kicking off with a keynote from Mike Cannon-Brookes and followed by sessions on mandatory reporting, transition planning, greenwashing risks and an address by Senator Jenny McAllister (Assistant Minister for Climate Change), the day was rounded out with discussions on understanding stakeholder expectations and the role for boards in addressing biodiversity and nature. Speakers underlined not only the urgency of the issues but in seizing the opportunities in making climate action core business strategy.

For more, read our latest legal briefing on Australia’s proposed mandatory climate reporting regime (https://www.herbertsmithfreehills.com/latest-thinking/consultation-closes-on-australia%E2%80%99s-new-mandatory-climate-reporting-regime) and short podcast series Reporting for Duties (https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia).

]]> Herbert Smith Freehills LLP Buzzsprout-14268350 Sun, 07 Jan 2024 23:00:00 -0500 1225 full false Reporting For Duties: ESG Reporting in Australia - Modern slavery incidents-Disclose or case closed? Reporting For Duties: ESG Reporting in Australia - Modern slavery incidents-Disclose or case closed? How should companies respond to the building pressure to disclose modern slavery incidents? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> How should companies respond to the building pressure to disclose modern slavery incidents? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Herbert Smith Freehills LLP Buzzsprout-13282505 Tue, 01 Aug 2023 19:00:00 -0400 460 full false Reporting For Duties: ESG Reporting in Australia - Does ESG oversight require a dedicated SusCo? Reporting For Duties: ESG Reporting in Australia - Does ESG oversight require a dedicated SusCo? How should governance structures support companies in meeting ESG obligations and aligning to frameworks?

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> How should governance structures support companies in meeting ESG obligations and aligning to frameworks?

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Herbert Smith Freehills LLP Buzzsprout-13282500 Tue, 01 Aug 2023 19:00:00 -0400 391 full false Reporting For Duties: ESG Reporting in Australia - The future of ASX Corporate Governance Principles Reporting For Duties: ESG Reporting in Australia - The future of ASX Corporate Governance Principles With mandatory climate reporting on the horizon, and global standards for comprehensive broader ESG reporting also emerging, is there a role for the ASX Corporate Governance Principles going forward? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> With mandatory climate reporting on the horizon, and global standards for comprehensive broader ESG reporting also emerging, is there a role for the ASX Corporate Governance Principles going forward? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Herbert Smith Freehills LLP Buzzsprout-13282494 Tue, 01 Aug 2023 19:00:00 -0400 818 full false Reporting For Duties: ESG Reporting in Australia - Climate scenarios and financial reporting Reporting For Duties: ESG Reporting in Australia - Climate scenarios and financial reporting How can companies get comfortable with disclosing predicted company performance based on unsettled variables and uncertain transition trajectories?

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> How can companies get comfortable with disclosing predicted company performance based on unsettled variables and uncertain transition trajectories?

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Herbert Smith Freehills LLP Buzzsprout-13282489 Tue, 01 Aug 2023 19:00:00 -0400 482 full false Reporting For Duties: ESG Reporting in Australia - Climate reporting: who and when? Reporting For Duties: ESG Reporting in Australia - Climate reporting: who and when? Who will be caught by the incoming regime and how will it be phased in? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Who will be caught by the incoming regime and how will it be phased in? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Herbert Smith Freehills LLP Buzzsprout-13282482 Tue, 01 Aug 2023 19:00:00 -0400 673 full false Reporting For Duties: ESG Reporting in Australia - Climate reporting: the framework Reporting For Duties: ESG Reporting in Australia - Climate reporting: the framework What is the proposed climate reporting regime and how will it align with existing frameworks? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> What is the proposed climate reporting regime and how will it align with existing frameworks? 

Visit https://www.herbertsmithfreehills.com/latest-thinking/reporting-for-duties-%E2%80%93-esg-reporting-in-australia?utm_source=buzz-esg&utm_medium=podcast for more details.

]]> Herbert Smith Freehills LLP Buzzsprout-13282465 Tue, 01 Aug 2023 19:00:00 -0400 568 full false The Third Wheel x Talking Shop EP30: Is the Australian Modern Slavery Act moving into a new phase? The Third Wheel x Talking Shop EP30: Is the Australian Modern Slavery Act moving into a new phase? Tim Stutt and Aoife Xuereb are joined by Jacqueline Wootton and Olga Klimczak for a Talking Shop X The Third Wheel podcast collaboration episode. Following the statutory review of the Modern Slavery Act and its report being tabled in parliament, the Government is yet to confirm its position in relation to the reform recommendations, many of which seek to align with overseas regulatory trends for enhanced human rights due diligence, supply chain transparency and penalties to support corporate accountability. Our team discuss the importance of monitoring developments, applying a continuous improvement approach to supply chain risk identification and management (which can be particularly complex in the consumer sector) and working to ensure your business has in place robust payroll compliance governance processes. For more, read our recent legal briefing on the Modern Slavery Act review (https://www.herbertsmithfreehills.com/latest-thinking/australian-modern-slavery-act-to-move-into-a-new-phase) or visit our Business and Human Rights hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/business-and-human-rights).

]]> Tim Stutt and Aoife Xuereb are joined by Jacqueline Wootton and Olga Klimczak for a Talking Shop X The Third Wheel podcast collaboration episode. Following the statutory review of the Modern Slavery Act and its report being tabled in parliament, the Government is yet to confirm its position in relation to the reform recommendations, many of which seek to align with overseas regulatory trends for enhanced human rights due diligence, supply chain transparency and penalties to support corporate accountability. Our team discuss the importance of monitoring developments, applying a continuous improvement approach to supply chain risk identification and management (which can be particularly complex in the consumer sector) and working to ensure your business has in place robust payroll compliance governance processes. For more, read our recent legal briefing on the Modern Slavery Act review (https://www.herbertsmithfreehills.com/latest-thinking/australian-modern-slavery-act-to-move-into-a-new-phase) or visit our Business and Human Rights hub (https://www.herbertsmithfreehills.com/latest-thinking/hubs/business-and-human-rights).

]]> Herbert Smith Freehills LLP Buzzsprout-13198690 Mon, 10 Jul 2023 20:00:00 -0400 1141 full false The Third Wheel (ESG Australia) EP29: It’s an onion! Australia’s carbon market The Third Wheel (ESG Australia) EP29: It’s an onion! Australia’s carbon market Kathryn Pacey, environment and planning partner is joined by Isabella Kelly, ESG senior associate and Jaya Prasad, solicitor in our energy and resources team to discuss the role of carbon and biodiversity offsets in meeting net zero and nature positive goals. They peel back the layers of government targets and regulatory reforms including the review of the Environment Protection and Biodiversity Conservation Act, Safeguard Mechanism, Australian Carbon Credit Units - and the new Nature Repair Bill. Amidst the increasing use of carbon credits to offset emissions in reaching climate targets, yet more layers are revealed including greenwashing, activist attention and disclosure considerations under the upcoming mandatory climate reporting regime and ISSB standards. Further complexities arise from multi-stakeholder carbon abatement projects, contracting arrangements and financial services requirements.




]]> Kathryn Pacey, environment and planning partner is joined by Isabella Kelly, ESG senior associate and Jaya Prasad, solicitor in our energy and resources team to discuss the role of carbon and biodiversity offsets in meeting net zero and nature positive goals. They peel back the layers of government targets and regulatory reforms including the review of the Environment Protection and Biodiversity Conservation Act, Safeguard Mechanism, Australian Carbon Credit Units - and the new Nature Repair Bill. Amidst the increasing use of carbon credits to offset emissions in reaching climate targets, yet more layers are revealed including greenwashing, activist attention and disclosure considerations under the upcoming mandatory climate reporting regime and ISSB standards. Further complexities arise from multi-stakeholder carbon abatement projects, contracting arrangements and financial services requirements.




]]> Herbert Smith Freehills LLP Buzzsprout-13198670 Mon, 10 Jul 2023 20:00:00 -0400 1749 full false The Third Wheel Podcast (ESG In Australia): Episode 28 - Black letter law goes blurry The Third Wheel Podcast (ESG In Australia): Episode 28 - Black letter law goes blurry In this episode, Tim Stutt speaks with partner Bryony Adams and senior associate Stephanie Crosbie for a discussion about financial crime and the governance and reputational risk exposures from regulatory non-compliance. The heat is on for boards, with the scale and penalties for money laundering being one of the fastest growing ESG areas. Our team unpack regulator expectations and what this means for directors in terms of getting across the risks, implementing a compliant and risk-based Anti-Money Laundering program and associated training, and importantly – setting a risk culture or “tone from the top”.

]]> In this episode, Tim Stutt speaks with partner Bryony Adams and senior associate Stephanie Crosbie for a discussion about financial crime and the governance and reputational risk exposures from regulatory non-compliance. The heat is on for boards, with the scale and penalties for money laundering being one of the fastest growing ESG areas. Our team unpack regulator expectations and what this means for directors in terms of getting across the risks, implementing a compliant and risk-based Anti-Money Laundering program and associated training, and importantly – setting a risk culture or “tone from the top”.

]]> Herbert Smith Freehills LLP Buzzsprout-12633240 Tue, 11 Apr 2023 20:00:00 -0400 1382 full false The Third Wheel Podcast (ESG In Australia): Episode 27 - Bankability versus Sustainability The Third Wheel Podcast (ESG In Australia): Episode 27 - Bankability versus Sustainability Finance partners Andrew McLean, Jon Evans and Elizabeth Charlesworth take the wheel this episode to discuss the evolution of green and sustainability linked loans, from federal government funders and other agencies to increasing interest from commercial banks, institutional investors and private capital. They discuss the key issues across mining, energy and infrastructure sectors, along with recent regulatory and industry developments addressing greenwashing and social targets (or “pinkwashing”).

]]> Finance partners Andrew McLean, Jon Evans and Elizabeth Charlesworth take the wheel this episode to discuss the evolution of green and sustainability linked loans, from federal government funders and other agencies to increasing interest from commercial banks, institutional investors and private capital. They discuss the key issues across mining, energy and infrastructure sectors, along with recent regulatory and industry developments addressing greenwashing and social targets (or “pinkwashing”).

]]> Herbert Smith Freehills LLP Buzzsprout-12633231 Tue, 11 Apr 2023 20:00:00 -0400 1912 full false The Third Wheel Podcast (ESG in Australia): Episode 26 – International Women’s Day with Stella The Third Wheel Podcast (ESG in Australia): Episode 26 – International Women’s Day with Stella In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable literary culture. An approach of “You lead, we’ll support” has been key to this success and will resonate with organisations seeking better diversity and inclusion outcomes. Visit stella.org.au - your book club will thank you!

]]> In celebration of International Women’s Day, partners Nerida Jessup and Natalie Gaspar from our employment, IR and safety practice speak with Jaclyn Booton, Executive Director of the Stella Prize, a major literary award celebrating Australian women’s writing. They reflect on 10 years of Stella and its significant influence on a more vibrant and equitable literary culture. An approach of “You lead, we’ll support” has been key to this success and will resonate with organisations seeking better diversity and inclusion outcomes. Visit stella.org.au - your book club will thank you!

]]> Herbert Smith Freehills LLP Buzzsprout-12444034 Wed, 15 Mar 2023 00:00:00 -0400 1335 full false The Third Wheel Podcast (ESG In Australia): Episode 25 - Risk and return under every rock The Third Wheel Podcast (ESG In Australia): Episode 25 - Risk and return under every rock In this episode, Mel Debenham and Isabella Kelly invite Mark Smyth, disputes partner to join our series exploring the themes from HSF’s report on Unlocking ESG Investment in Australia. With 58% of our report’s survey respondents, comprising more than 100 business leaders, seeing barriers to greater levels of ESG investment including legal, tax and tenure of investment, Mark expands on the difficulties for companies in talking about the long term benefits they expect to realise through ESG investments or announcing a strong corporate ambition on ESG.

Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/2?utm_source=Soundcloud&utm_medium=podcast&utm_campaign=EP25

]]> In this episode, Mel Debenham and Isabella Kelly invite Mark Smyth, disputes partner to join our series exploring the themes from HSF’s report on Unlocking ESG Investment in Australia. With 58% of our report’s survey respondents, comprising more than 100 business leaders, seeing barriers to greater levels of ESG investment including legal, tax and tenure of investment, Mark expands on the difficulties for companies in talking about the long term benefits they expect to realise through ESG investments or announcing a strong corporate ambition on ESG.

Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/2?utm_source=Soundcloud&utm_medium=podcast&utm_campaign=EP25

]]> Herbert Smith Freehills LLP Buzzsprout-12223338 Thu, 09 Feb 2023 22:00:00 -0500 1116 3 25 full false The Third Wheel Podcast (ESG In Australia): Episode 24 - Start at the source The Third Wheel Podcast (ESG In Australia): Episode 24 - Start at the source In this episode, Tim Stutt and Mel Debenham are joined by Kathryn Pacey, environment and planning partner to discuss HSF’s report on Unlocking ESG Investment in Australia, and the long road for businesses assessing their supply chain and how to balance immediate pressures with long term ambition. 60% of our report’s survey respondents, comprising more than 100 business leaders, say their company has a net zero commitment ranging between now and 2050, but 40% say the commitments don’t reflect Scope 3 emissions in the value chain. Given regulatory uncertainty and inconsistency was cited as the only barrier unique to Australia, Kathryn discusses the swathe of regulatory changes facing businesses and their goals for emissions reduction and environmental protection.

]]> In this episode, Tim Stutt and Mel Debenham are joined by Kathryn Pacey, environment and planning partner to discuss HSF’s report on Unlocking ESG Investment in Australia, and the long road for businesses assessing their supply chain and how to balance immediate pressures with long term ambition. 60% of our report’s survey respondents, comprising more than 100 business leaders, say their company has a net zero commitment ranging between now and 2050, but 40% say the commitments don’t reflect Scope 3 emissions in the value chain. Given regulatory uncertainty and inconsistency was cited as the only barrier unique to Australia, Kathryn discusses the swathe of regulatory changes facing businesses and their goals for emissions reduction and environmental protection.

]]> Herbert Smith Freehills LLP Buzzsprout-11921350 Thu, 22 Dec 2022 20:00:00 -0500 1467 full false The Third Wheel Podcast (ESG In Australia): Episode 23 The Third Wheel Podcast (ESG In Australia): Episode 23 In this episode, Tim Stutt and Mel Debenham are joined by Jacqui Wootton, disputes partner and co-head of HSF’s Australian corporate crime and investigations practice. In our second episode unpacking HSF’s report on Unlocking ESG Investment in Australia, we are firmly focussed on the “S”, a key issue emerging from our survey of more than 100 business leaders on accelerating investment in ESG outcomes. 80% of respondents say they have reviewed or plan to review their ESG policies and operations, with modern slavery in particular one of the issues most identified. Jacqui shares her thoughts on the challenges ahead for companies in not only meeting rising reporting and regulatory expectations, but how they are measuring whether their approaches are effective and driving positive change.

Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/1?utm_source=podcast&utm_medium=podcast&utm_campaign=third-wheel

]]> In this episode, Tim Stutt and Mel Debenham are joined by Jacqui Wootton, disputes partner and co-head of HSF’s Australian corporate crime and investigations practice. In our second episode unpacking HSF’s report on Unlocking ESG Investment in Australia, we are firmly focussed on the “S”, a key issue emerging from our survey of more than 100 business leaders on accelerating investment in ESG outcomes. 80% of respondents say they have reviewed or plan to review their ESG policies and operations, with modern slavery in particular one of the issues most identified. Jacqui shares her thoughts on the challenges ahead for companies in not only meeting rising reporting and regulatory expectations, but how they are measuring whether their approaches are effective and driving positive change.

Read our report here: https://insights.hsf.com/unlocking-esg-investment-in-australia/p/1?utm_source=podcast&utm_medium=podcast&utm_campaign=third-wheel

]]> Herbert Smith Freehills LLP Buzzsprout-11827146 Tue, 06 Dec 2022 18:00:00 -0500 1284 2 23 full false The Third Wheel Podcast (ESG In Australia): Episode 22 The Third Wheel Podcast (ESG In Australia): Episode 22 In this episode, Mel Debenham and Tim Stutt are back at the wheel to launch HSF’s report on Unlocking ESG Investment in Australia. The report unpacks the findings from our survey of more than 100 business leaders on the size and shape of the ESG investment challenges and opportunities. With the help of expert interviews across industry, the report explored the uncertainty about risk, returns and regulation to be addressed for businesses to adapt at the scale and speed to meet shifting investor and community expectations. This is the first episode in a series that will deep dive on the key report findings: insights.hsf.com/unlocking-esg-in…in-australia/p/1

]]> In this episode, Mel Debenham and Tim Stutt are back at the wheel to launch HSF’s report on Unlocking ESG Investment in Australia. The report unpacks the findings from our survey of more than 100 business leaders on the size and shape of the ESG investment challenges and opportunities. With the help of expert interviews across industry, the report explored the uncertainty about risk, returns and regulation to be addressed for businesses to adapt at the scale and speed to meet shifting investor and community expectations. This is the first episode in a series that will deep dive on the key report findings: insights.hsf.com/unlocking-esg-in…in-australia/p/1

]]> Herbert Smith Freehills LLP Buzzsprout-11813476 Sun, 04 Dec 2022 23:00:00 -0500 842 2 22 full false The Third Wheel Podcast (ESG In Australia): Episode 21 The Third Wheel Podcast (ESG In Australia): Episode 21 In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Nerida Jessup and Drew Pearson hosting special guest, Professor Brock Bastian, School of Psychological Sciences, University of Melbourne. They build upon an earlier episode (#14) and the concept that good work is good for people, by delving into some of the strategies that give people the capacity to respond to difficult experiences and navigate conflict, maintain positive relationships and build effective workplace cultures.

Listen to episode 14 here: Herbert-smith-freehills – The-third-wheel-podcast-esg-in-australia-episode-14

]]> In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Nerida Jessup and Drew Pearson hosting special guest, Professor Brock Bastian, School of Psychological Sciences, University of Melbourne. They build upon an earlier episode (#14) and the concept that good work is good for people, by delving into some of the strategies that give people the capacity to respond to difficult experiences and navigate conflict, maintain positive relationships and build effective workplace cultures.

Listen to episode 14 here: Herbert-smith-freehills – The-third-wheel-podcast-esg-in-australia-episode-14

]]> Herbert Smith Freehills LLP Buzzsprout-11813472 Sun, 04 Dec 2022 23:00:00 -0500 2112 2 21 full false The Third Wheel Podcast (ESG In Australia): Episode 17 The Third Wheel Podcast (ESG In Australia): Episode 17 Melanie Debenham and Tim Stutt are joined by Kathryn Pacey to break down an historic election where climate change featured prominently. The first six weeks of a new government have provided much to discuss including the Climate Change Bill to be introduced in the first week of parliament, a review to ensure the integrity of the carbon credit system (and similarly the Safeguard Mechanism), a $20 billion investment in transmission infrastructure and a raft of commitments in relation to green energy technologies. Along with the review of the Environment Protection and Biodiversity Conservation Act, a new environmental regulator and likely greater focus on action to benefit biodiversity.

]]> Melanie Debenham and Tim Stutt are joined by Kathryn Pacey to break down an historic election where climate change featured prominently. The first six weeks of a new government have provided much to discuss including the Climate Change Bill to be introduced in the first week of parliament, a review to ensure the integrity of the carbon credit system (and similarly the Safeguard Mechanism), a $20 billion investment in transmission infrastructure and a raft of commitments in relation to green energy technologies. Along with the review of the Environment Protection and Biodiversity Conservation Act, a new environmental regulator and likely greater focus on action to benefit biodiversity.

]]> Herbert Smith Freehills LLP Buzzsprout-11813463 Sun, 04 Dec 2022 23:00:00 -0500 1296 2 17 full false The Third Wheel Podcast (ESG In Australia): Episode 19 The Third Wheel Podcast (ESG In Australia): Episode 19 Melanie Debenham is joined by Anél Joubert, ESG Manager and Jeremy McManus, GM Commercial and Investor Relations from Neometals, an emerging and sustainable producer of battery minerals. Anél and Jeremy discuss the prominence of ESG in their own roles and across Neometals’ markets and operations in Australia and Europe. They discuss the global and local transition to clean energy and energy storage spanning the battery and electric vehicle value chains.

]]> Melanie Debenham is joined by Anél Joubert, ESG Manager and Jeremy McManus, GM Commercial and Investor Relations from Neometals, an emerging and sustainable producer of battery minerals. Anél and Jeremy discuss the prominence of ESG in their own roles and across Neometals’ markets and operations in Australia and Europe. They discuss the global and local transition to clean energy and energy storage spanning the battery and electric vehicle value chains.

]]> Herbert Smith Freehills LLP Buzzsprout-11813457 Sun, 04 Dec 2022 23:00:00 -0500 1445 2 19 full false The Third Wheel Podcast (ESG In Australia): Episode 20 The Third Wheel Podcast (ESG In Australia): Episode 20 In this episode, our Employment, Industrial Relations and Safety team take the wheel again, with Nerida Jessup hosting special guests Anna Creegan and Lucy Boyd. Nerida, Anna and Lucy have a conversation around how organisations are responding to the increased community and shareholder expectations on transparency around sexual harassment and other workplace conduct issues. Together they look at the key drivers of this change including how the increased focus of safety regulators on sexual harassment has changed approaches to reporting, as well as the scrutiny around the use of non-disclosure agreements.

]]> In this episode, our Employment, Industrial Relations and Safety team take the wheel again, with Nerida Jessup hosting special guests Anna Creegan and Lucy Boyd. Nerida, Anna and Lucy have a conversation around how organisations are responding to the increased community and shareholder expectations on transparency around sexual harassment and other workplace conduct issues. Together they look at the key drivers of this change including how the increased focus of safety regulators on sexual harassment has changed approaches to reporting, as well as the scrutiny around the use of non-disclosure agreements.

]]> Herbert Smith Freehills LLP Buzzsprout-11813397 Sun, 04 Dec 2022 23:00:00 -0500 1528 2 20 full false The Third Wheel Podcast (ESG In Australia): Episode 18 The Third Wheel Podcast (ESG In Australia): Episode 18 Tim Stutt and Kathryn Pacey are joined by Dr Chris Greig, Princeton University to discuss the energy transition, industry decarbonisation, technology and investment. Dr Greig shares the origin story and highlights of Net-Zero America, the research project that not only quantifies but visually displays five distinct technological pathways, using known technologies, by which the United States could decarbonize its entire economy by 2050. He breaks down the four make-or-break critical issues for energy transition: (1) the unprecedented speed and scale of infrastructure to be built; (2) a flow of risk capital never seen before; (3) maintaining the social contract with communities; and (4) major workforce mobilisation and a just transition for workers. Dr Greig underlines the importance of Australia’s strong ambition and domestic emissions targets to achieve speed and scale. As for achieving net zero and becoming a major exporter of low emission energy - you won’t have to wait long for the Net-Zero Australia study findings to be released in August 2022. To participate in HSF’s survey on unlocking ESG investment in Australia and gain access to exclusive insights email ESG.tracker@hsf.com.

]]> Tim Stutt and Kathryn Pacey are joined by Dr Chris Greig, Princeton University to discuss the energy transition, industry decarbonisation, technology and investment. Dr Greig shares the origin story and highlights of Net-Zero America, the research project that not only quantifies but visually displays five distinct technological pathways, using known technologies, by which the United States could decarbonize its entire economy by 2050. He breaks down the four make-or-break critical issues for energy transition: (1) the unprecedented speed and scale of infrastructure to be built; (2) a flow of risk capital never seen before; (3) maintaining the social contract with communities; and (4) major workforce mobilisation and a just transition for workers. Dr Greig underlines the importance of Australia’s strong ambition and domestic emissions targets to achieve speed and scale. As for achieving net zero and becoming a major exporter of low emission energy - you won’t have to wait long for the Net-Zero Australia study findings to be released in August 2022. To participate in HSF’s survey on unlocking ESG investment in Australia and gain access to exclusive insights email ESG.tracker@hsf.com.

]]> Herbert Smith Freehills LLP Buzzsprout-11813394 Sun, 04 Dec 2022 23:00:00 -0500 2009 2 18 full false EP15: Corporate Debt Report and sustainable finance EP15: Corporate Debt Report and sustainable finance Following the publication of our 8th consecutive annual Corporate Debt Report with the Association of Corporate Treasurers, Stacey Pang, Senior Associate and Minolee Shah, Professional Support Consultant talk to Emily Barry, Professional Support Consultant about some of the themes relating to sustainable finance that came out of that report, and where the ESG finance market might go next. 

]]> Following the publication of our 8th consecutive annual Corporate Debt Report with the Association of Corporate Treasurers, Stacey Pang, Senior Associate and Minolee Shah, Professional Support Consultant talk to Emily Barry, Professional Support Consultant about some of the themes relating to sustainable finance that came out of that report, and where the ESG finance market might go next. 

]]> Herbert Smith Freehills LLP Buzzsprout-10946939 Mon, 18 Jul 2022 05:00:00 -0400 679 full false The Third Wheel Podcast (ESG in Australia): Episode 15 The Third Wheel Podcast (ESG in Australia): Episode 15 In this episode, Tim invites our disputes team to share climate change and ESG litigation insights. Jojo Fan from our Hong Kong office and Mark Smyth from the Sydney office discuss the rapidly increasing developments globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector.

]]> In this episode, Tim invites our disputes team to share climate change and ESG litigation insights. Jojo Fan from our Hong Kong office and Mark Smyth from the Sydney office discuss the rapidly increasing developments globally including greenwashing, inadequate disclosure and challenges for manufacturing and governments. They share their insights on what the future of climate litigation may hold for the consumer sector.

]]> Herbert Smith Freehills LLP Buzzsprout-10912839 Wed, 06 Jul 2022 01:00:00 -0400 1349 15 full false The Third Wheel Podcast (ESG in Australia): Episode 16 The Third Wheel Podcast (ESG in Australia): Episode 16 In recognition of NAIDOC Week 2022, Mel is joined by First Nations colleagues Gemma McKinnon and Kishaya Delaney for a timely discussion, given Australia’s evolving political landscape and new government following the federal election, about the Uluru Statement from the Heart and the important progress we might expect. They explain its origin, how a First Nations Voice to Parliament could be enshrined in the constitution and the proposed Makarrata Commission to oversee the process of treaty-making and truth-telling.

]]> In recognition of NAIDOC Week 2022, Mel is joined by First Nations colleagues Gemma McKinnon and Kishaya Delaney for a timely discussion, given Australia’s evolving political landscape and new government following the federal election, about the Uluru Statement from the Heart and the important progress we might expect. They explain its origin, how a First Nations Voice to Parliament could be enshrined in the constitution and the proposed Makarrata Commission to oversee the process of treaty-making and truth-telling.

]]> Herbert Smith Freehills LLP Buzzsprout-10912835 Wed, 06 Jul 2022 01:00:00 -0400 1841 2 16 full false The Third Wheel Podcast (ESG in Australia): Episode 14 The Third Wheel Podcast (ESG in Australia): Episode 14 In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Olga Klimczak and Nerida Jessup hosting special guest, David Burroughs, Chief Mental Health Officer at Westpac. It’s an important, and lively, discussion on how organisations are shaping work and workplace culture so that our jobs are ‘good’ for our mental health. David speaks candidly about the issues corporates are grappling with and cautions against feel good programs with high visibility, low impact. For companies getting it right – giving people the opportunity to genuinely thrive - the business case is profound for a strategy that encapsulates performance, productivity and mental health. And in a podcast first, David fact checks our closing remarks – you’ll want to note down ‘psychological agility’!

]]> In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Olga Klimczak and Nerida Jessup hosting special guest, David Burroughs, Chief Mental Health Officer at Westpac. It’s an important, and lively, discussion on how organisations are shaping work and workplace culture so that our jobs are ‘good’ for our mental health. David speaks candidly about the issues corporates are grappling with and cautions against feel good programs with high visibility, low impact. For companies getting it right – giving people the opportunity to genuinely thrive - the business case is profound for a strategy that encapsulates performance, productivity and mental health. And in a podcast first, David fact checks our closing remarks – you’ll want to note down ‘psychological agility’!

]]> Herbert Smith Freehills LLP Buzzsprout-10912833 Wed, 06 Jul 2022 01:00:00 -0400 1515 2 14 full false EP14: Sustainable and green lending in the aviation sector EP14: Sustainable and green lending in the aviation sector In this short podcast, Tim Hunter-Jones, a senior associate in our asset finance team in London, looks at some of the issues in sustainable and green finance in the aviation sector, including the importance of the EU Taxonomy in determining what is sustainable, and the role of state aid in promoting a greater focus on ESG.

Speakers: Emily Barry, Professional Support Consultant and Tim Hunter-Jones, Senior Associate.

]]> In this short podcast, Tim Hunter-Jones, a senior associate in our asset finance team in London, looks at some of the issues in sustainable and green finance in the aviation sector, including the importance of the EU Taxonomy in determining what is sustainable, and the role of state aid in promoting a greater focus on ESG.

Speakers: Emily Barry, Professional Support Consultant and Tim Hunter-Jones, Senior Associate.

]]> Herbert Smith Freehills LLP Buzzsprout-10557785 Thu, 05 May 2022 04:00:00 -0400 587 full false The Third Wheel Podcast (ESG in Australia): Episode 12 The Third Wheel Podcast (ESG in Australia): Episode 12 Tim and Mel discuss corporate purpose with HSF’s previous Chair and Senior Partner, James Palmer, one of the UK's leading M&A, capital markets and corporate lawyers, with deep experience in corporate governance and regulation. James explores the overall framing of ESG, and the importance of approaching company strategy with purpose and authenticity. James speaks with passion on navigating the ethical dimension of ESG issues, from “just transition” in the energy sector through to Russia’s invasion of Ukraine.

]]> Tim and Mel discuss corporate purpose with HSF’s previous Chair and Senior Partner, James Palmer, one of the UK's leading M&A, capital markets and corporate lawyers, with deep experience in corporate governance and regulation. James explores the overall framing of ESG, and the importance of approaching company strategy with purpose and authenticity. James speaks with passion on navigating the ethical dimension of ESG issues, from “just transition” in the energy sector through to Russia’s invasion of Ukraine.

]]> Herbert Smith Freehills LLP Buzzsprout-10387577 Wed, 06 Apr 2022 00:00:00 -0400 1480 12 full false The Third Wheel Podcast (ESG in Australia): Episode 10 The Third Wheel Podcast (ESG in Australia): Episode 10 In the first episode for 2022, Tim and Mel are joined by Silke Goldberg, HSF’s Global Head of ESG and Climate Change practice lead. Silke embarks on some time travel to tackle the big ESG questions. After a ‘COP of two speeds’ last year, Silke asserts there is everything to play for at COP27 in Egypt this November, including investment opportunities and the final building blocks for a long-awaited global carbon market.

]]> In the first episode for 2022, Tim and Mel are joined by Silke Goldberg, HSF’s Global Head of ESG and Climate Change practice lead. Silke embarks on some time travel to tackle the big ESG questions. After a ‘COP of two speeds’ last year, Silke asserts there is everything to play for at COP27 in Egypt this November, including investment opportunities and the final building blocks for a long-awaited global carbon market.

]]> Herbert Smith Freehills LLP Buzzsprout-10387574 Wed, 06 Apr 2022 00:00:00 -0400 1510 10 full false The Third Wheel Podcast (ESG in Australia): Episode 13 The Third Wheel Podcast (ESG in Australia): Episode 13 Mel and Tim discuss a key battleground ahead of the election, climate change action, with Graham Phelan, ESG Lead for Frontier Economics. Graham takes a look back at previous election results to predict whether climate change action and the recent natural disasters will influence the 2022 election outcome – and considers if it’s time to put carbon pricing back on the agenda. Graham discusses the importance of ESG for Australia’s international competitiveness and the proactive measures being taken by businesses and financial regulators to protect the economy and environment. Lastly, we touch on the issues impacting voters’ hip pockets – inflation, interest rates, petrol and (of course) beer prices.

]]> Mel and Tim discuss a key battleground ahead of the election, climate change action, with Graham Phelan, ESG Lead for Frontier Economics. Graham takes a look back at previous election results to predict whether climate change action and the recent natural disasters will influence the 2022 election outcome – and considers if it’s time to put carbon pricing back on the agenda. Graham discusses the importance of ESG for Australia’s international competitiveness and the proactive measures being taken by businesses and financial regulators to protect the economy and environment. Lastly, we touch on the issues impacting voters’ hip pockets – inflation, interest rates, petrol and (of course) beer prices.

]]> Herbert Smith Freehills LLP Buzzsprout-10387457 Wed, 06 Apr 2022 00:00:00 -0400 1706 13 full false The Third Wheel Podcast (ESG in Australia): Episode 11 The Third Wheel Podcast (ESG in Australia): Episode 11 In this episode, Mel celebrates International Women’s Day 2022 with HSF’s Chair and Senior Partner, Rebecca Maslen-Stannage and Andrew Pike, Executive Partner for Asia and Australia. Rebecca and Andrew share some personal reflections on progress made, and remaining challenges, in achieving lasting change in the legal profession. They discuss the importance of a diverse and inclusive culture to #BreakTheBias (this year’s theme) - including the importance of acknowledging bias still exists and “calling it when you see it”.

]]> In this episode, Mel celebrates International Women’s Day 2022 with HSF’s Chair and Senior Partner, Rebecca Maslen-Stannage and Andrew Pike, Executive Partner for Asia and Australia. Rebecca and Andrew share some personal reflections on progress made, and remaining challenges, in achieving lasting change in the legal profession. They discuss the importance of a diverse and inclusive culture to #BreakTheBias (this year’s theme) - including the importance of acknowledging bias still exists and “calling it when you see it”.

]]> Herbert Smith Freehills LLP Buzzsprout-10387451 Wed, 06 Apr 2022 00:00:00 -0400 1510 11 full false The Third Wheel Podcast (ESG in Australia): Episode 9 The Third Wheel Podcast (ESG in Australia): Episode 9 In this final episode for 2021, some very special guest hosts take the wheel! Barbie-Lee Kirby, Responsible Business & First Nations Engagement Executive and Allira Jeffery, HSF Graduate discuss Wiyi Yani U Thangani (Women's Voices): Securing our Rights, Securing our Future, a once in a generation report led by the Aboriginal and Torres Strait Islander Social Justice Commissioner, June Oscar AO. Charlee-Sue Frail is an advisor to the commission and shares her experiences in the development of the report and capturing and responding to the rights, needs and aspirations of First Nations women and girls.

]]> In this final episode for 2021, some very special guest hosts take the wheel! Barbie-Lee Kirby, Responsible Business & First Nations Engagement Executive and Allira Jeffery, HSF Graduate discuss Wiyi Yani U Thangani (Women's Voices): Securing our Rights, Securing our Future, a once in a generation report led by the Aboriginal and Torres Strait Islander Social Justice Commissioner, June Oscar AO. Charlee-Sue Frail is an advisor to the commission and shares her experiences in the development of the report and capturing and responding to the rights, needs and aspirations of First Nations women and girls.

]]> Herbert Smith Freehills LLP Buzzsprout-10387433 Wed, 06 Apr 2022 00:00:00 -0400 1607 9 full false The Third Wheel Podcast (ESG in Australia): Episode 8 The Third Wheel Podcast (ESG in Australia): Episode 8 In this episode, Mel and Tim are joined by expert third wheel guest, Olga Klimczak, Executive Counsel, Employment, IR and Safety for Herbert Smith Freehills. Olga discusses the various parliamentary inquiries underway including sexual harassment and bullying in Australia’s parliament, sexual harassment against women in WA’s FIFO mining industry and the underpayment and job security inquiries – issues that are sure to come into sharp focus ahead of the federal election. Olga highlights the key areas to watch, and in particular any potential flow on impact for company policies and procedures. Mel also discusses the significant changes to Aboriginal Cultural Heritage management and some critical next steps.

]]> In this episode, Mel and Tim are joined by expert third wheel guest, Olga Klimczak, Executive Counsel, Employment, IR and Safety for Herbert Smith Freehills. Olga discusses the various parliamentary inquiries underway including sexual harassment and bullying in Australia’s parliament, sexual harassment against women in WA’s FIFO mining industry and the underpayment and job security inquiries – issues that are sure to come into sharp focus ahead of the federal election. Olga highlights the key areas to watch, and in particular any potential flow on impact for company policies and procedures. Mel also discusses the significant changes to Aboriginal Cultural Heritage management and some critical next steps.

]]> Herbert Smith Freehills LLP Buzzsprout-10387420 Wed, 06 Apr 2022 00:00:00 -0400 1612 8 full false EP13: ESG Finance in the Extractives Industry EP13: ESG Finance in the Extractives Industry Will Breeze and Helen Beatty consider some of the trends they are seeing in the use of sustainability-linked loans in the oil and gas and mining sectors, respectively, and the opportunities and challenges that ESG finance throws up in this podcast with DJ Chak.

Speakers: Dhananjaya Chak (chair) (Senior associate, Finance Division, London), William Breeze (Partner, Finance Division, London) and Helen Beatty (Partner, Finance Division, London)

Also refer to Episode 11 in this series.

]]> Will Breeze and Helen Beatty consider some of the trends they are seeing in the use of sustainability-linked loans in the oil and gas and mining sectors, respectively, and the opportunities and challenges that ESG finance throws up in this podcast with DJ Chak.

Speakers: Dhananjaya Chak (chair) (Senior associate, Finance Division, London), William Breeze (Partner, Finance Division, London) and Helen Beatty (Partner, Finance Division, London)

Also refer to Episode 11 in this series.

]]> Herbert Smith Freehills LLP Buzzsprout-10121346 Thu, 24 Feb 2022 05:00:00 -0500 840 13 full false Pensions and ESG EP4 – Greening Finance and Investment Pensions and ESG EP4 – Greening Finance and Investment In this latest podcast in our Pensions and ESG series, Professor Iain Clacher, Professor of Pensions & Finance at Leeds University Business School and Lead Researcher for Pensions and Asset Management for the new Centre for Greening Finance and Investment, joins Michael Aherne, Pensions Partner, to discuss the plans for the Centre. During the discussion Professor Clacher outlines:

  • the aims of the Centre and how it will support trustees, asset managers and other stakeholders make more informed decisions on climate related risks (starting at 2:30)
  • the issues trustees and asset managers need to consider when assessing climate-related risks (starting at 5:10), and
  • steps trustees can take to learn more about climate-related risks (starting at 20:00).

You can find out more about the new Centre for Greening Finance and Investment here.

To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.

To view our other pensions podcasts, including the other podcasts in this series, click here.

]]> In this latest podcast in our Pensions and ESG series, Professor Iain Clacher, Professor of Pensions & Finance at Leeds University Business School and Lead Researcher for Pensions and Asset Management for the new Centre for Greening Finance and Investment, joins Michael Aherne, Pensions Partner, to discuss the plans for the Centre. During the discussion Professor Clacher outlines:

  • the aims of the Centre and how it will support trustees, asset managers and other stakeholders make more informed decisions on climate related risks (starting at 2:30)
  • the issues trustees and asset managers need to consider when assessing climate-related risks (starting at 5:10), and
  • steps trustees can take to learn more about climate-related risks (starting at 20:00).

You can find out more about the new Centre for Greening Finance and Investment here.

To receive future podcasts in this series direct to your inbox subscribe to our UK pensions blog.

To view our other pensions podcasts, including the other podcasts in this series, click here.

]]> Herbert Smith Freehills LLP Buzzsprout-9834139 Wed, 05 Jan 2022 05:00:00 -0500 2045 full false Pensions and ESG: EP3 - Responsible investment in practice Pensions and ESG: EP3 - Responsible investment in practice In this latest podcast in our series on Pensions and ESG, Michael Aherne, Of Counsel, discusses what it means to implement a responsible investment strategy in practice with Caroline Escott, Senior Investment Manager at RPMI Railpen. In particular, Caroline shares:

  • how her interest in responsible investment and stewardship began and her career journey to date
  • how RPMI Railpen is preparing for the new governance and disclosure requirements relating to climate risks, and
  • her views on how to engage with members on ESG and responsible investment.
]]> In this latest podcast in our series on Pensions and ESG, Michael Aherne, Of Counsel, discusses what it means to implement a responsible investment strategy in practice with Caroline Escott, Senior Investment Manager at RPMI Railpen. In particular, Caroline shares:

  • how her interest in responsible investment and stewardship began and her career journey to date
  • how RPMI Railpen is preparing for the new governance and disclosure requirements relating to climate risks, and
  • her views on how to engage with members on ESG and responsible investment.
]]> Herbert Smith Freehills LLP Buzzsprout-9834117 Tue, 04 Jan 2022 05:00:00 -0500 2269 full false Pensions and ESG: EP2 – Implementing ESG in DC pensions Pensions and ESG: EP2 – Implementing ESG in DC pensions In this second episode in our series on Pensions and ESG, Pensions Professional Support Lawyer, Tim Smith is joined by Emma Douglas, Head of DC at Legal & General Investment Management (LGIM) and they discuss:

  • LGIM's approach to managing ESG risks in the context of its DC schemes and on behalf of its trustee clients
  • the successes that LGIM has had through its engagement with companies and what happens when engagement doesn't work
  • how trustees can assess whether their asset managers are taking ESG risks seriously
  • how prepared the industry is to set climate-related metrics and targets and to conduct scenario analysis, and
  • the risk of member complaints and legal challenges related to ESG issues.

To view all of the podcasts in this series click here https://hsfnotes.com/pensions/?m=podcasts. And to receive future episodes direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/

]]> In this second episode in our series on Pensions and ESG, Pensions Professional Support Lawyer, Tim Smith is joined by Emma Douglas, Head of DC at Legal & General Investment Management (LGIM) and they discuss:

  • LGIM's approach to managing ESG risks in the context of its DC schemes and on behalf of its trustee clients
  • the successes that LGIM has had through its engagement with companies and what happens when engagement doesn't work
  • how trustees can assess whether their asset managers are taking ESG risks seriously
  • how prepared the industry is to set climate-related metrics and targets and to conduct scenario analysis, and
  • the risk of member complaints and legal challenges related to ESG issues.

To view all of the podcasts in this series click here https://hsfnotes.com/pensions/?m=podcasts. And to receive future episodes direct to your inbox subscribe to our UK pensions blog. https://hsfnotes.com/pensions/

]]> Herbert Smith Freehills LLP Buzzsprout-9834111 Mon, 03 Jan 2022 04:00:00 -0500 1466 full false Pensions and ESG: EP1 – The evolving landscape Pensions and ESG: EP1 – The evolving landscape In this podcast, Ashley Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management, shares her:

  • views on how pension schemes and asset managers are responding to recent legal and regulatory changes relating to pensions and ESG
  • insights on how attitudes to ESG risks are being affected by Covid-19
  • tips on how trustees should go about preparing their new investment implementation statements
  • expectations for how this area is likely to develop in the coming years, and
  • thoughts on what the DWP's proposed new requirements regarding climate-relate risks would mean for trustees and asset managers. 

Speakers: Tim Smith, Professional Support Lawyer, Herbert Smith Freehills and Ashely Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management

]]> In this podcast, Ashley Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management, shares her:

  • views on how pension schemes and asset managers are responding to recent legal and regulatory changes relating to pensions and ESG
  • insights on how attitudes to ESG risks are being affected by Covid-19
  • tips on how trustees should go about preparing their new investment implementation statements
  • expectations for how this area is likely to develop in the coming years, and
  • thoughts on what the DWP's proposed new requirements regarding climate-relate risks would mean for trustees and asset managers. 

Speakers: Tim Smith, Professional Support Lawyer, Herbert Smith Freehills and Ashely Hamilton-Claxton, Head of Responsible Investment at Royal London Asset Management

]]> Herbert Smith Freehills LLP Buzzsprout-9834106 Sun, 02 Jan 2022 04:00:00 -0500 1203 full false Global Decisions, Regional Impacts - COP26 Insights and Implications for Business in Australia Global Decisions, Regional Impacts - COP26 Insights and Implications for Business in Australia Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Timothy Stutt, Partner and Australian ESG Lead will share his key takeaways from the conference, in discussion with Graham Phelan, ESG specialist from Frontier Economics, Rebecca Maslen-Stannage, HSF Chair and Senior Partner and Melanie Debenham, HSF Partner in our environment, planning and communities practice.

]]> Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Timothy Stutt, Partner and Australian ESG Lead will share his key takeaways from the conference, in discussion with Graham Phelan, ESG specialist from Frontier Economics, Rebecca Maslen-Stannage, HSF Chair and Senior Partner and Melanie Debenham, HSF Partner in our environment, planning and communities practice.

]]> Herbert Smith Freehills LLP Buzzsprout-9725911 Tue, 14 Dec 2021 12:00:00 -0500 2419 full false The Third Wheel Podcast (ESG in Australia): Episode 7 The Third Wheel Podcast (ESG in Australia): Episode 7 In this episode, Tim and Mel are joined by expert third wheel guest, Lewis McDonald, Global Head of Energy for Herbert Smith Freehills. Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Lewis observes the number of zeros committed to net zero, at least $133 trillion as announced by Mark Carney’s Glasgow Financial Alliance. He asserts that the real challenge is creating enough investable net zero projects for the money – through a public / private blend of government support to achieve scale and efficiencies, and the legal mechanisms to make novel projects work.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Lewis.McDonald@hsf.com

]]> In this episode, Tim and Mel are joined by expert third wheel guest, Lewis McDonald, Global Head of Energy for Herbert Smith Freehills. Fresh from presenting at the 12th Annual Sustainable Innovation Forum (SIF) which took place alongside COP26 in Glasgow, Lewis observes the number of zeros committed to net zero, at least $133 trillion as announced by Mark Carney’s Glasgow Financial Alliance. He asserts that the real challenge is creating enough investable net zero projects for the money – through a public / private blend of government support to achieve scale and efficiencies, and the legal mechanisms to make novel projects work.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Lewis.McDonald@hsf.com

]]> Herbert Smith Freehills LLP Buzzsprout-9599870 Tue, 23 Nov 2021 10:00:00 -0500 1378 7 full false The Third Wheel Podcast (ESG in Australia): Episode 6 The Third Wheel Podcast (ESG in Australia): Episode 6 In this episode, Mel and Tim are joined by expert third wheel guest, Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills. Brooke discusses how ESG could be the roadmap that makes corporate purpose more meaningful - and why ESG is different this time around. Recorded on the cusp of the Australian Reconciliation Convention, she shares her optimism around cultural competency in organisations, and the need for increased representation of First Nations voices where decisions are being made anywhere and everywhere in Australia. Brooke closes with some practical tips for those prepared to move ‘from safe to brave’ – and the importance of asking uncomfortable questions.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Brooke.Massender@hsf.com

]]> In this episode, Mel and Tim are joined by expert third wheel guest, Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills. Brooke discusses how ESG could be the roadmap that makes corporate purpose more meaningful - and why ESG is different this time around. Recorded on the cusp of the Australian Reconciliation Convention, she shares her optimism around cultural competency in organisations, and the need for increased representation of First Nations voices where decisions are being made anywhere and everywhere in Australia. Brooke closes with some practical tips for those prepared to move ‘from safe to brave’ – and the importance of asking uncomfortable questions.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Brooke.Massender@hsf.com

]]> Herbert Smith Freehills LLP Buzzsprout-9599989 Tue, 23 Nov 2021 09:00:00 -0500 1681 full false EP12: The rise of ESG and employee activism in the US EP12: The rise of ESG and employee activism in the US Following the launch of the Future of Work Report 2021: Remote/Controlled, Barbara Roth and Tyler Hendry sit down to discuss the Future of Work in the US and the rise of ESG and employee activism following #metoo, Black Lives Matter and the Covid-19 pandemic.

Speakers: Barbara Roth, Partner, Employment and Tyler Hendry, Senior Associate, Employment, Herbert Smith Freehills

]]> Following the launch of the Future of Work Report 2021: Remote/Controlled, Barbara Roth and Tyler Hendry sit down to discuss the Future of Work in the US and the rise of ESG and employee activism following #metoo, Black Lives Matter and the Covid-19 pandemic.

Speakers: Barbara Roth, Partner, Employment and Tyler Hendry, Senior Associate, Employment, Herbert Smith Freehills

]]> Herbert Smith Freehills LLP Buzzsprout-9518424 Tue, 09 Nov 2021 09:00:00 -0500 406 esg, future of work, 12 full false The Third Wheel Podcast (ESG in Australia): Episode 5 The Third Wheel Podcast (ESG in Australia): Episode 5 In this episode, Tim and Mel are joined by expert third wheel guest, Dr Cameron Kelly, head of the Legal, Governance and Secretariat team at the Australian Renewable Energy Agency. Dr Kelly discusses Australia’s role in the global hydrogen economy, renewable technologies of the not too distant future and the role of micro-grids in delivering not only environmental, but social benefits for regional communities.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com




]]> In this episode, Tim and Mel are joined by expert third wheel guest, Dr Cameron Kelly, head of the Legal, Governance and Secretariat team at the Australian Renewable Energy Agency. Dr Kelly discusses Australia’s role in the global hydrogen economy, renewable technologies of the not too distant future and the role of micro-grids in delivering not only environmental, but social benefits for regional communities.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com




]]> Herbert Smith Freehills LLP Buzzsprout-9518408 Tue, 09 Nov 2021 09:00:00 -0500 1478 esg 5 full false The Third Wheel Podcast (ESG in Australia): Episode 4 The Third Wheel Podcast (ESG in Australia): Episode 4 In this episode, Mel and Tim are joined by expert third wheel guest, Mark Smyth, a partner in our litigation practice advising companies in relation to environmental, climate change and ESG issues, including responding to shareholder activism and defending ESG litigation. Mark shares the litigation themes he is seeing regionally and globally, including regulatory movements on greenwashing and the latest activity in the Federal Court regarding Environment Minister v Sharma case.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Mark.Smyth@hsf.com




]]> In this episode, Mel and Tim are joined by expert third wheel guest, Mark Smyth, a partner in our litigation practice advising companies in relation to environmental, climate change and ESG issues, including responding to shareholder activism and defending ESG litigation. Mark shares the litigation themes he is seeing regionally and globally, including regulatory movements on greenwashing and the latest activity in the Federal Court regarding Environment Minister v Sharma case.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Mark.Smyth@hsf.com




]]> Herbert Smith Freehills LLP Buzzsprout-9518399 Tue, 09 Nov 2021 09:00:00 -0500 1578 esg 4 full false The Third Wheel Podcast (ESG in Australia): Episode 3 The Third Wheel Podcast (ESG in Australia): Episode 3 In this episode, Tim and Mel are joined by two representatives from the Human Rights Resources and Energy Collaborative, Shaeron Yapp (South32) and Gemma Wilford (Fortescue Metals), who talk about practical approaches to implementing human rights diligence and remediation in significant global businesses.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com




]]> In this episode, Tim and Mel are joined by two representatives from the Human Rights Resources and Energy Collaborative, Shaeron Yapp (South32) and Gemma Wilford (Fortescue Metals), who talk about practical approaches to implementing human rights diligence and remediation in significant global businesses.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com




]]> Herbert Smith Freehills LLP Buzzsprout-9518397 Tue, 09 Nov 2021 09:00:00 -0500 1446 esg 3 full false The Third Wheel Podcast (ESG in Australia): Episode 2 The Third Wheel Podcast (ESG in Australia): Episode 2 In this second episode of our podcast series, Mel and Tim are joined by their expert third wheel guest, Antony Crockett, partner in our Hong Kong office. He leads HSF’s global Business and Human Rights practice and is a member of the firm's ESG leadership group. Antony shares with our hosts what ESG means to him, mandatory ESG due diligence developments in the EU and Human Rights due diligence, along with some practical tips.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Antony.Crockett@hsf.com




]]> In this second episode of our podcast series, Mel and Tim are joined by their expert third wheel guest, Antony Crockett, partner in our Hong Kong office. He leads HSF’s global Business and Human Rights practice and is a member of the firm's ESG leadership group. Antony shares with our hosts what ESG means to him, mandatory ESG due diligence developments in the EU and Human Rights due diligence, along with some practical tips.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com
Antony.Crockett@hsf.com




]]> Herbert Smith Freehills LLP Buzzsprout-9518388 Tue, 09 Nov 2021 09:00:00 -0500 939 esg 2 full false The Third Wheel Podcast (ESG in Australia): Episode 1 The Third Wheel Podcast (ESG in Australia): Episode 1 In this first episode of our Australian ESG podcast Tim and Mel are joined by their inaugural third wheel, Herbert Smith Freehills CEO, Justin D’Agostino. Justin discusses what ESG means to him, how the firm approaches ESG as well as what he sees in the broader business community.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com

]]> In this first episode of our Australian ESG podcast Tim and Mel are joined by their inaugural third wheel, Herbert Smith Freehills CEO, Justin D’Agostino. Justin discusses what ESG means to him, how the firm approaches ESG as well as what he sees in the broader business community.

Contact the speakers:
Timothy.Stutt@hsf.com
Melanie.Debenham@hsf.com

]]> Herbert Smith Freehills LLP Buzzsprout-9321741 Wed, 06 Oct 2021 09:00:00 -0400 1119 esg 12 full false Corporate Governance: EP3 – Reporting on stakeholders, decisions and section 172 Corporate Governance: EP3 – Reporting on stakeholders, decisions and section 172 In this corporate governance podcast, we discuss the FRC Financial Reporting Lab's recent report on stakeholders, decisions and Section 172 statements with Phil Fitzgerald, Director of the Financial Reporting Lab, and Marie Claire Tabone, Project Manager of the Financial Reporting Lab. The report sets out investors’ expectations in relation to disclosures on stakeholders, the impact of decisions on them and section 172 statements and Phil and Marie Claire explain the key issues and guidance for companies coming out of this project. Further on the Financial Reporting Lab and its work can be found here.




]]> In this corporate governance podcast, we discuss the FRC Financial Reporting Lab's recent report on stakeholders, decisions and Section 172 statements with Phil Fitzgerald, Director of the Financial Reporting Lab, and Marie Claire Tabone, Project Manager of the Financial Reporting Lab. The report sets out investors’ expectations in relation to disclosures on stakeholders, the impact of decisions on them and section 172 statements and Phil and Marie Claire explain the key issues and guidance for companies coming out of this project. Further on the Financial Reporting Lab and its work can be found here.




]]> Herbert Smith Freehills LLP Buzzsprout-9698326 Mon, 13 Sep 2021 00:00:00 -0400 1276 esg, corporate governance, 3 full false EP11: Transition Finance EP11: Transition Finance This podcast looks at some of the issues that can arise when sustainability-linked loans are used in extractives industries as part of the drive for energy transition, and some of the trends that we are seeing in the market in this area.

Speakers: William Breeze, Partner, Nicola Kim, Senior Associate and Dhananjaya Chak, Senior Associate.

]]> This podcast looks at some of the issues that can arise when sustainability-linked loans are used in extractives industries as part of the drive for energy transition, and some of the trends that we are seeing in the market in this area.

Speakers: William Breeze, Partner, Nicola Kim, Senior Associate and Dhananjaya Chak, Senior Associate.

]]> Herbert Smith Freehills LLP Buzzsprout-8948939 Mon, 02 Aug 2021 05:00:00 -0400 708 11 full false EP10: The use of sustainability-linked and green loans and bonds in corporate debt EP10: The use of sustainability-linked and green loans and bonds in corporate debt ESG and sustainability is the key corporate treasury trend and that has developed a self-perpetuating momentum, as was shown in the Herbert Smith Freehills Corporate Debt and Treasury Report 2021.  In this podcast we discuss the development of sustainability-linked and green loans and bonds in corporate debt.

Speakers: Kristen Roberts, Amy Geddes and chaired by Emily Barry.

]]> ESG and sustainability is the key corporate treasury trend and that has developed a self-perpetuating momentum, as was shown in the Herbert Smith Freehills Corporate Debt and Treasury Report 2021.  In this podcast we discuss the development of sustainability-linked and green loans and bonds in corporate debt.

Speakers: Kristen Roberts, Amy Geddes and chaired by Emily Barry.

]]> Herbert Smith Freehills LLP Buzzsprout-8825474 Wed, 21 Jul 2021 04:00:00 -0400 547 10 full false EP9: How we can use COVID-19 to build supply chain resilience EP9: How we can use COVID-19 to build supply chain resilience As COVID-19 continues to impact supply chains, Kristin Stammer is joined by John Laing, leading Consumer Sector Associate Partner at McKinsey to discuss lessons learnt to prevent futher supply chain shock and build resilient supply chains of the future, followed by perspecitives from China and environmental and social goverance issues with Tim Strutt and Nanda Lau.

]]> As COVID-19 continues to impact supply chains, Kristin Stammer is joined by John Laing, leading Consumer Sector Associate Partner at McKinsey to discuss lessons learnt to prevent futher supply chain shock and build resilient supply chains of the future, followed by perspecitives from China and environmental and social goverance issues with Tim Strutt and Nanda Lau.

]]> Herbert Smith Freehills LLP Buzzsprout-8868255 Thu, 15 Jul 2021 07:00:00 -0400 1752 9 full false EP8: Disruption: Global Bank Review EP2: ESG factors and opportunties for banks across the globe EP8: Disruption: Global Bank Review EP2: ESG factors and opportunties for banks across the globe Timothy Stutt, Rebecca Perlman and Leonie Timmers discuss some of the environmental, social and governance factors impacting banks across the globe and the opportunities that they present.

]]> Timothy Stutt, Rebecca Perlman and Leonie Timmers discuss some of the environmental, social and governance factors impacting banks across the globe and the opportunities that they present.

]]> Herbert Smith Freehills LLP Buzzsprout-8867865 Thu, 15 Jul 2021 05:00:00 -0400 1248 8 full false EP7: M&A in 2020: The new normal: What ESG factors are key considerations in M&A decision making? EP7: M&A in 2020: The new normal: What ESG factors are key considerations in M&A decision making? Gavin Williams and Rebecca Perlman highlight some of the environmental, social and governance factors (ESG) as key considerations in M&A decision-making.

]]> Gavin Williams and Rebecca Perlman highlight some of the environmental, social and governance factors (ESG) as key considerations in M&A decision-making.

]]> Herbert Smith Freehills LLP Buzzsprout-8867852 Thu, 15 Jul 2021 05:00:00 -0400 542 7 full false EP6: Sustainable lending in real estate finance EP6: Sustainable lending in real estate finance Sustainability is now firmly at the top of the agenda, but the term has an enormously wide scope. To give some structure to the sustainable lending market, mirroring the approach of the bond market, two categories of sustainable loan are developing sustainability-linked loans and green loans.

In episode 6 chaired by Emily Barry, Gary Hommel and Nick Turner will look at their use in the real estate finance market. 

]]> Sustainability is now firmly at the top of the agenda, but the term has an enormously wide scope. To give some structure to the sustainable lending market, mirroring the approach of the bond market, two categories of sustainable loan are developing sustainability-linked loans and green loans.

In episode 6 chaired by Emily Barry, Gary Hommel and Nick Turner will look at their use in the real estate finance market. 

]]> Herbert Smith Freehills LLP Buzzsprout-8781625 Tue, 29 Jun 2021 07:00:00 -0400 1079 esg, sustainable finance 6 full false EP5: ESG & Cities: Embracing ESG to build back better EP5: ESG & Cities: Embracing ESG to build back better In episode five, infrastructure partner Nicholas Carney is joined by partners Silke Goldberg and Timothy Stutt from our global ESG leadership team, to discuss why ESG is a core element of city planning and to bring you examples of how different cities from across the world are embracing ESG to build back better.

]]> In episode five, infrastructure partner Nicholas Carney is joined by partners Silke Goldberg and Timothy Stutt from our global ESG leadership team, to discuss why ESG is a core element of city planning and to bring you examples of how different cities from across the world are embracing ESG to build back better.

]]> Herbert Smith Freehills LLP Buzzsprout-8665645 Tue, 08 Jun 2021 07:00:00 -0400 2126 5 full false EP4: ESG & Cities: Can cities lead us to net zero? EP4: ESG & Cities: Can cities lead us to net zero? In this episode Partner Nicholas Carney is joined by Lewis McDonald (Global Head of Energy) and Matthew White (Head of Planning, London), to discuss the pressing need to make our energy consumption more efficient and cut emissions as our cities continue to grow.

]]> In this episode Partner Nicholas Carney is joined by Lewis McDonald (Global Head of Energy) and Matthew White (Head of Planning, London), to discuss the pressing need to make our energy consumption more efficient and cut emissions as our cities continue to grow.

]]> Herbert Smith Freehills LLP Buzzsprout-8603879 Fri, 28 May 2021 05:00:00 -0400 2218 4 full false EP3: ESG, Decarbonisation and the “Just” Transition: Implications for the oil & gas sector EP3: ESG, Decarbonisation and the “Just” Transition: Implications for the oil & gas sector As demand for energy continues to grow and emissions continue to rise, the need for cleaner sources of energy is paramount. In this podcast, Tim Pawul, Oil & Gas Council hosts a discussion with Nigel Jenvey, GaffneyCline and Lewis McDonald, Herbert Smith Freehills to explore ESG and decarbonisation in the context of oil & gas around the world, elaborating on the 5-step model for decarbonisation.


]]> As demand for energy continues to grow and emissions continue to rise, the need for cleaner sources of energy is paramount. In this podcast, Tim Pawul, Oil & Gas Council hosts a discussion with Nigel Jenvey, GaffneyCline and Lewis McDonald, Herbert Smith Freehills to explore ESG and decarbonisation in the context of oil & gas around the world, elaborating on the 5-step model for decarbonisation.


]]> Herbert Smith Freehills LLP Buzzsprout-8405634 Mon, 26 Apr 2021 08:00:00 -0400 3529 3 full false EP1: ESG governance: Developing a robust approach to risks and opportunities accelerated by the pandemic EP1: ESG governance: Developing a robust approach to risks and opportunities accelerated by the pandemic Covid-19 has highlighted the need for businesses and investors to develop a robust approach to ESG and corporate purpose. In this episode, Rebecca Perlman, Herbert Smith Freehills is joined by Philip Collins, Columnist at The Times and former chief speech writer to Tony Blair; and Will Martindale, Director of Policy & Research at the UN Principles for Responsible Investment. Our speakers draw upon their wide-ranging experiences to discuss the short-term ESG risks and opportunities and how to prepare for the months ahead as we move into the recovery phase.

]]> Covid-19 has highlighted the need for businesses and investors to develop a robust approach to ESG and corporate purpose. In this episode, Rebecca Perlman, Herbert Smith Freehills is joined by Philip Collins, Columnist at The Times and former chief speech writer to Tony Blair; and Will Martindale, Director of Policy & Research at the UN Principles for Responsible Investment. Our speakers draw upon their wide-ranging experiences to discuss the short-term ESG risks and opportunities and how to prepare for the months ahead as we move into the recovery phase.

]]> https://www.herbertsmithfreehills.com/latest-thinking/esg-transformation-conversation-series Herbert Smith Freehills Buzzsprout-8295135 Thu, 08 Apr 2021 06:00:00 -0400 3401 ESG, UK, Corporate, Covid-19 1 1 full false EP2: ESG Transparency, Disclosure & Reporting: What impact is sustainable investment having on UK pension schemes? EP2: ESG Transparency, Disclosure & Reporting: What impact is sustainable investment having on UK pension schemes? As the shift to integrate sustainability into investing continues to develop, an array of new rules and requirements are released as regulators attempt to catch up to investor demand. 

In this episode, Ashley Hamilton-Claxton, Royal London Asset Management, shares her:

  • views on how pension schemes and asset managers are responding to recent legal and regulatory changes relating to pensions and ESG
  • insights on how attitudes to ESG risks are being affected by Covid-19
  • tips on how trustees should go about preparing their new investment implementation statements
  • expectations for how this area is likely to develop in the coming years, and
  • thoughts on what the DWP's proposed new requirements regarding climate-related risks would mean for trustees and asset managers.
]]> As the shift to integrate sustainability into investing continues to develop, an array of new rules and requirements are released as regulators attempt to catch up to investor demand. 

In this episode, Ashley Hamilton-Claxton, Royal London Asset Management, shares her:

  • views on how pension schemes and asset managers are responding to recent legal and regulatory changes relating to pensions and ESG
  • insights on how attitudes to ESG risks are being affected by Covid-19
  • tips on how trustees should go about preparing their new investment implementation statements
  • expectations for how this area is likely to develop in the coming years, and
  • thoughts on what the DWP's proposed new requirements regarding climate-related risks would mean for trustees and asset managers.
]]> https://www.herbertsmithfreehills.com/latest-thinking/esg-transformation-conversation-series Herbert Smith Freehills Buzzsprout-8295120 Thu, 08 Apr 2021 06:00:00 -0400 1203 ESG, Pensions, UK 1 2 full false Corporate Governance: EP2 – The Government's audit and governance proposals – impact on companies Corporate Governance: EP2 – The Government's audit and governance proposals – impact on companies What do the Government's audit and corporate governance reform proposals mean for companies?

In this podcast, we discuss the UK Government's long awaited consultation paper on audit and governance reform with the Financial Reporting Council's Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs, and Miranda Craig, Director of Strategy and Change. The consultation paper proposes some fundamental reforms in a number of areas in relation to audit, corporate governance and corporate reporting. In this podcast we consider some of the key issues for corporates including in relation to director liability and accountability, risk management and internal control process and procedures and audit and assurance.  Visit the FRC website to hear more about the consultation and share your views.

Speakers: Gareth Sykes, Of Counsel, Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs and Miranda Craig, Director of Strategy and Change at the Financial Reporting Council

]]> What do the Government's audit and corporate governance reform proposals mean for companies?

In this podcast, we discuss the UK Government's long awaited consultation paper on audit and governance reform with the Financial Reporting Council's Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs, and Miranda Craig, Director of Strategy and Change. The consultation paper proposes some fundamental reforms in a number of areas in relation to audit, corporate governance and corporate reporting. In this podcast we consider some of the key issues for corporates including in relation to director liability and accountability, risk management and internal control process and procedures and audit and assurance.  Visit the FRC website to hear more about the consultation and share your views.

Speakers: Gareth Sykes, Of Counsel, Kate O'Neill, Director of Stakeholder Engagement and Corporate Affairs and Miranda Craig, Director of Strategy and Change at the Financial Reporting Council

]]> Herbert Smith Freehills LLP Buzzsprout-9698318 Tue, 23 Mar 2021 00:00:00 -0400 2033 esg, corporate governance, 2 full false Corporate Governance: EP1 – Corporate Governance Reporting – a view from the FRC Corporate Governance: EP1 – Corporate Governance Reporting – a view from the FRC In this podcast, we discuss the Financial Reporting Council's Review of Corporate Governance Reporting with Maureen Beresford, Head of Corporate Governance at the FRC. The Review is the first to consider reporting in accordance with the 2018 edition of the UK Corporate Governance Code and considers issues including, compliance with the Code; purpose, culture and values; succession planning; diversity and stakeholder engagement. We discuss each of these themes in this podcast and look ahead to the 2021 AGM season.

Speakers: Gareth Sykes, Of Counsel and Maureen Beresford, Head of Corporate Governance at the Financial Reporting Council

]]> In this podcast, we discuss the Financial Reporting Council's Review of Corporate Governance Reporting with Maureen Beresford, Head of Corporate Governance at the FRC. The Review is the first to consider reporting in accordance with the 2018 edition of the UK Corporate Governance Code and considers issues including, compliance with the Code; purpose, culture and values; succession planning; diversity and stakeholder engagement. We discuss each of these themes in this podcast and look ahead to the 2021 AGM season.

Speakers: Gareth Sykes, Of Counsel and Maureen Beresford, Head of Corporate Governance at the Financial Reporting Council

]]> Herbert Smith Freehills LLP Buzzsprout-9698299 Wed, 03 Mar 2021 00:00:00 -0500 2772 esg, corporate governance, 1 full false