Climate Change Law and Governance: Think Global Act Local
This Conference brings together an extraordinary panel of expertise to inform you on climate issues, insurance, corporate governance, sustainable finance, reporting obligations, climate as a litigation catalyst, and dynamic geopolitical developments. Learn how the investment community benchmarks sustainability in portfolio management decisions and what best practice business reporting looks like. Finish with the lawyer’s checklist on climate risks, governance requirements and litigation concerns. 2111N22
Description
Attend and earn 7 CPD units including:
4 units in Professional Skills
3 units in Substantive Law
This program is applicable to practitioners from all States & Territories
Supported by
THE BIG PICTURE
Chair: Martijn Wilder AM, Founding Partner, Pollination Group
Professional Skills
9.00am to 9.15am Opening Keynote Address
Presented by Hon Matt Kean MP, NSW Treasurer, Minister for Energy and Environment (pre-recorded address due to new commitments arising from recent appointment as NSW Treasurer)
Professional Skills
9.15am to 10.00am Global Climate Change Update
- Global trends
- COP 26
- Key challenges
Presented by Patrick Suckling, Senior Partner, Pollination Group
Professional Skills
10.00am to 10.30am Insurance and Climate Change
- Understanding how insurance companies perceive risk
- What will be the potential impacts of climate change?
- Who’s responsible for protecting our assets, private vs public sector?
- What’s covered now, what’s not covered, what might change in the future and whose fault is it?
- Will governments have to become insurer of last resort in some areas?
- Regulatory guidance in managing climate related risk
Presented by Peter Cheesman, Head of APAC Analytics Reinsurance Solutions, Aon
10.30am to 10.50am Networking Morning Tea
CORPORATE GOVERNANCE
Chair: Patty Akopiantz, Co-Founder, Assembly Climate Capital
Professional Skills
10.50am to 12.00pm Climate Change: Directors Duties Examined
Examine the three seminal legal opinions on directors’ obligations:
- Liability for failure to understand/disclose climate risks: a legal opinion of 2016
- Liability for failure to act on those risks once known: a legal opinion of 2019
- Liability for ‘greenwashing’ commitments to achieve net zero carbon pledges/emissions reductions: the legal opinion in 2021
- Future trends
Panel Discussion: Travers McLeod, CEO, Centre for Policy Development (livestream from Melbourne), Noel Hutley SC, Sebastian Hartford Davis, Barrister and Holly Kramer, Non-Executive Director
Professional Skills
12.00pm to 1.00pm Climate Change: The Three Key Parts of Sustainable Finance
Part 1 – Sustainable Investment: Funds Management Benchmarking
- Integrating the ESG framework developed for the sustainable portfolio into the core investment process
- Incorporating ESG analysis and metrics into all fundamental industry and company research
Presented by Marissa Rossi, ESG Investor and Sustainable Equities Portfolio Manager
Part 2 – Engagement and Governance at the Board and Executive Level
- What are the governance expectations of investors
- How are we seeing investors demonstrate this interest
- What are investors doing differently as a result of thinking about climate from the portfolio level?
Presented by Alison Ewings, Head of Engagement, Regnan
Part 3 – The Broader Policy Context, Investment Management and Liability: Where it Might Go
Presented by Zoe Whitton, Executive Director, Pollination Group
1.00pm to 1.50pm Networking Lunch
REPORTING OBLIGATIONS AND THE LAWYER’S CHECKLIST
Chair: Michael Bowan, General Counsel & Company Secretary, Essential Energy (possible livestream from Port Macquarie if locked down)
Professional Skills
1.50pm to 2.40pm Impact of Climate: What to Report
- Global developments: IFRS Foundation, Group of 5, European directives, IOSCO, IIRC & SASB merger
- Role of Sustainability, ESG and Integrated Reporting
- APRA, ASIC and ASX Guidance
- AuASB and AASB Guidance
- Climate disclosures in annual reports and supplementary reporting
Presented by Nick Ridehalgh, Director Lead, Better Business Reporting, CFO Advisory, KPMG (livestream from Sydney)
The Chief Financial Officer’s Perspective
In conversation with a representative of the Group of 100, Terence Jeyaretnam, Partner, EY Climate Change & Sustainability Services & Senior Advisor Australia, SASB (livestream from Melbourne)
2.40pm to 3.30pm Impact of Climate: The Lawyer’s Checklist
- Due diligence, risk oversight and disclosure assurance
- Planning, development and major projects: forward looking criteria, end to end climate risk review
- Sustainability terms review: procurement and supply
- Contracts and force majeure, insurance contracts
Presented by Sarah Barker, Partner & Head of Climate Risk Governance, MinterEllison (livestream from Melbourne)
The General Counsel’s Perspective
In conversation with Andrew Gray, General Counsel, Aon Benfield APAC; Associate General Counsel, ARS Global
3.30pm to 3.50pm Networking Afternoon Tea
CLIMATE CHANGE AS A LITIGATION CATALYST
Chair: David Bennett AC KC
3.50pm to 5.15pm An Analysis of Australian and International Climate Change Litigation
- Introduction of general themes arising in the context of climate litigation cases including use of human rights, failure to disclose, misleading disclosures/green washing, refusal of high emitting developments
- An examination of international cases
- Analysis of Australian cases
Presented by Ilona Millar Partner and Head of Global Climate Change Practice, Baker McKenzie and Elisa de Wit, Partner, Norton Rose Fulbright (livestream from Melbourne)
Presenters
Martijn Wilder AM, Founding Partner, Pollination Group
With a background in economics and law, Martijn is focused on developing innovative policies, ideas and investments that enable our economies to rapidly transition to net zero, while at the same time preserving our natural ecosystems. Martijn has retained over many years the accolade of the world’s leading climate change lawyer and the Star Individual by Chambers Global Law Guide. Martijn was head of Baker & McKenzie’s global climate law and finance practice for 20 years and continues to play a key role with Australia’s clean energy finance institutions.
Hon Matt Kean MP, NSW Minister for Energy and Environment
Matt Kean entered Parliament in 2011 and spent his early years advocating for stronger mental health policy. Elevated to the NSW Cabinet in 2017, he was Appointed Minister for Innovation and Better Regulation in 2017 and then appointed Minister for Energy and Environment in 2019. An outspoken critic of “climate denialism” he has campaigned for greater and national action on climate change, arguing it’s not only good for the environment but it’s also good for our economy. He has committed to increasing the size of the NSW National Park estate by over five per cent or 400,000 hectares by the end of 2022 and in 2020, he delivered the biggest renewable energy policy in Australia’s history.
Patrick Suckling, Senior Partner, Pollination Group
Patrick has worked on international climate, foreign, trade and investment and aid policy at the highest levels of government. He led international policy for two Australian Prime Ministers, including on climate change and a successful G20 response to the Global Financial Crisis. As former Ambassador for the Environment he led for Australia on Paris Agreement negotiations, strategy for Australia’s $1 billion climate finance commitment, and development of climate cooperation with key countries such as China, India and Japan. He Chaired the Umbrella Group of influential developed countries in the UNFCCC for nearly four years through the difficult but successful negotiation of the implementing rules for the Paris Agreement.
Peter Cheesman, Head of APAC Analytics Reinsurance Solutions, Aon
Worked within the reinsurance broking industry for over 22 years both in London and Australia and in that time has predominantly been involved in the area of data and analytics specializing in natural catastrophe research and more recently focused toward climate change. Specialized in the analysis and development of products and models related to natural catastrophes, particularly Asia Pacific earthquakes and flood tools. Also provided critical reviews of many of the commercial catastrophe models available today.
In this time he has been responsible for the development of many bespoke modelling solutions from property risk through to personal accident assessment.
Patty Akopiantz, Co-Founder, Assembly Climate Capital
Patty is a co-Founder of Assembly Climate Capital (ACC), an impact investment firm which brings together people and capital to accelerate bold companies and ideas for significant climate impact. ACC’s investments include Tasman Environmental Markets (Asia Pacific’s carbon offset leader), Future Super (Australia’s first fossil-free super fund), Vulcan Energy (developing the world-first Zero Carbon Lithium™) and Sea Forest (pioneering Asparagopsis supplementation to reduce ruminant methane emissions). Patty is a non-Executive Director of KPMG Australia, Sea Forest, The Hunger Project and Belvoir Theatre Company. Patty has deep expertise across the consumer-facing landscape having spent over 35 years as a top ASX company Board Director and senior manager in companies including Coles Myer, Energy Australia, Ramsay Healthcare, AMP, AXA Asia Pacific, McKinsey, and David Jones. She is a member of Chief Executive Women and has an MBA from Harvard Business School.
Noel Hutley SC
Noel Hutley SC is a barrister at Fifth Floor St James' Hall Chambers, Sydney. He graduated with degrees in Arts and Law from the University of Sydney and with a Bachelor of Laws degree from Cambridge University. He was admitted to the New South Wales Bar in 1981. He was appointed Senior Counsel in 1996. Noel’s practice mainly general appellate, equity/commercial, administrative, trade practices, company and competition. He is recognised in the Doyles Guide of leading Australian Commercial Litigation & Disputes Senior Counsel as practising in commercial matters in the Australian legal market and identified by clients and peers for his expertise and ability in this area.
Noel has been President of the New South Wales Bar Association (2016-17) and President of the Australian Bar Association (2017-2018).
Sebastian Hartford Davis, Barrister
Sebastian practices in commercial, corporations, and equity matters. He appears both led and unled in trials and appeals in courts and tribunals throughout Australia, as well as in arbitrations seated domestically and overseas. The 2021 Chambers Guide to Dispute Resolution Counsel describes Sebastian as "one of the rising stars of the Bar," while also remarking on his "exceptional" advocacy and "good strategic thought."
Prior to coming to the Bar, Sebastian was Associate to the Hon Justice Robert French, then Chief Justice of the High Court of Australia, and a solicitor in the commercial litigation practice at Piper Alderman.
Travers McLeod, CEO, Centre for Policy Development
Travers is CEO of the Centre for Policy Development, an independent Australian policy institute which has had a significant focus on climate change for several years. He began his career in public law, working for the State Solicitor’s Office in Western Australia and for Justice Michael Kirby in the High Court of Australia. Travers holds a DPhil and MPhil (Dist) in International Relations from Oxford, where he studied as a Rhodes scholar and was a Lecturer in Politics and International Relations. He played a lead role in the 2013 report Now for the Long Term while working as a Policy Adviser for the Oxford Martin School at the University of Oxford.
Holly Kramer, Non-Executive Director
Ms Kramer is a full time Non Executive Director. She is currently on the boards of the Woolworths Group (ASX:WOW), Endeavour Group (ASX:EDV), Fonterra Corporation (ASX/NZX:FSF), and Abacus Property Group,(ASX:ABP). She is also a Pro Chancellor of Western Sydney University and sits on the boards of The Ethics Centre and the GO (Goodes-O’Loughlin) Foundation. Holly’s previous governance roles include the Boards of Australia Post (Deputy Chair), Lendi (Chair), Nine Entertainment, AMP Limited, and 2XU. Holly is the recipient of the Sir Charles McGrath Award for a distinguished career in Marketing.
In her executive career, Ms Kramer was the CEO of apparel retailer Best & Less. She was responsible for turning around business performance and restoring B&L to profitability.
Marissa Rossi, ESG Investor and Sustainable Equities Portfolio Manager
Prior to June 2021, Marissa’s role was as Milford Asset Management’s Head of Sustainable Investment, responsible for strengthening the quality and integration of ESG analysis across all asset classes and for guiding active shareholder engagement. Prior to joining Milford in July 2019, Marissa spent 17 years at UBS Asset Management, including 5 years as Lead Portfolio Manager of a Sustainable Australian Equities portfolio and 12 years as Head of Research. Her roles at UBS and Milford both included the incorporation of ESG analysis and metrics into all fundamental industry and company research. She is currently a Director of PanKind, the Australian Pancreatic Cancer Foundation.
Alison Ewings, Head of Engagement, Regnan
Alison joined Regnan in 2016 with responsibility for managing the engagement program, as well as supporting research and advocacy activities. She has worked in sustainability for over a decade and was formerly the Head of Sustainability at Westpac where she oversaw the development of ESG frameworks and policy. She has been a director of the UN Global Compact’s Australian Network and a member of the AA1000 technical standards committee. Alison has also held roles in corporate strategy in the financial sector and undertaken a number of sustainability consulting projects with leading UK organisations.
Zoe Whitton, Executive Director, Pollination Group
Zoe is a leading advisor on climate finance, with significant experience developing strategy, governance and analytics for institutional investors wishing to manage climate change risk and SDG exposure. She previously led Citi’s APAC ESG Research team and advised investors on climate change at Credit Suisse and Bank of American Merrill Lynch. She serves on the board of the IGCC and was an observer to the Australian Sustainable Finance Initiative’s Coordinating Working Group. Zoe has won numerous research awards, was rated one of the top RI analysts globally in 2019 and was awarded the inaugural Rising Star award by WIBF. She holds master’s degrees in environmental policy and economics from Oxford University and the University of Queensland.
Michael Bowan, General Counsel & Company Secretary, Essential Energy
Mike Bowan has been General Counsel and Company Secretary of Essential Energy, the rural and regional power network in NSW, since 2017. Having trained as a corporate lawyer, Mike has spent much of his career in the banking sector in senior executive roles, including Chief of Staff at Westpac, and General Counsel and Secretary for St. George Bank Limited.
Mike is an experienced executive with expertise as an in-house legal counsel, and in stakeholder management, risk, audit and compliance.
Nick Ridehalgh, Director Lead, Better Business Reporting, CFO Advisory, KPMG
Nick leads KPMG’s Better Business Reporting Group in Australia. He has focused on value based, or better business reporting, for some 20 years. He has a governance, finance and sustainability background, and is a registered financial and GHG auditor. Nick worked with the International Integrated Reporting Council on the development of the Integrated Reporting (<IR>) Framework, lectures at UNSW and is an IIRC Ambassador. Nick is on the IAASB’s Extended External Reporting Project Advisory Panel which recently released guidance on assurance over ‘extended external reporting’ (i.e. sustainability, ESG, integrated reporting); and the AASB’s Disclosure Initiatives’ advisory panel, focused on the IASB’s revised ‘Management Commentary’ practice note.
Sarah Barker, Partner & Head of Climate Risk Governance, MinterEllison
Sarah Barker leads MinterEllison's international climate risk governance and sustainability team. She helps corporations, institutional investors and government agencies manage dynamic environmental, social and governance risks through a commercial lens. She has particular expertise in the climate change related exposures under corporate and securities (rather than 'environmental') laws - including directors' fiduciary duties and financial reporting/disclosure obligations. Sarah is Australia’s representative on the cross-jurisdictional Commonwealth Climate and Law Initiative. She sits as an academic visitor at Oxford University’s Smith School and teaches sustainability in corporate governance for Cambridge University’s Institute for Sustainability Leadership.
Andrew Gray, General Counsel, Aon Benfield APAC; Associate General Counsel, ARS Global
Andrew Gray is Aon’s Chief Counsel for Aon’s Reinsurance Solutions in Asia Pacific, and Associate General Counsel for Commercial Risk Solutions globally. He has provided legal counsel to clients and colleagues at Aon for over 15 years. Andrew has held local and regional roles within Australia, EMEA and APAC advising across each of Aon’s business streams, encompassing Commercial Risk, Reinsurance, Retirement Solutions, Health Solutions and Data & Analytical services. Andrew has also held legal roles with HIH Insurance. As a solicitor in private practice prior to joining Aon, Andrew advised a variety of insurance industry and commercial clients in large commercial litigation at Minter Ellison, based in Sydney, Australia.
David Bennett AC KC
David Bennett AC QC practises in the areas of appellate law generally, constitutional law, administrative law, revenue law, trade practices and competition law, among others. David has held various positions during his career, including Solicitor-General for the Commonwealth of Australia, President of the Australian Bar Association and also President of the NSW Bar Association. He has been a part-time member of the Australian Government's Takeovers Panel and is recognised in various publications as a leader in the law.
Ilona Millar Partner and Head of Global Climate Change Practice, Baker McKenzie
Ilona is the head of Baker McKenzie's Global Climate Change practice and a Partner in the Sydney environmental markets practice. Ilona has 20 years' experience advising on natural resources law. Ilona has a diverse range of experience in environmental law and policy and a strong background in all aspects of water management. Ilona is listed among the best lawyers for Climate Change and Environmental Law by Best Lawyers Australia, featuring in the Australian Financial Review. Ilona sits on the board of the NSW Natural Resources Access Regulator, which oversees compliance with water legislation in NSW and is a Commissioner on the NSW Independent Planning Commission (IPC), which has a role in advising on and determining certain State significant developments.
Elisa de Wit, Partner, Norton Rose Fulbright
Elisa de Wit is a partner in the Melbourne office of international legal practice, Norton Rose Fulbright and heads the firm’s Climate Change and Sustainability practice. She has over 30 years of legal experience and has practised in three Australian jurisdictions and the UK. Elisa is considered one of Australia’s preeminent climate change lawyers and advises clients on policy, regulation and compliance issues. Elisa is Chair of the Carbon Market Institute, and a director of Beyond Zero Emissions and the Grampians Wimmera Mallee Water Corporation.
Terence Jeyaretnam, Partner, EY
Terence is a Partner with EY’s Climate Change and Sustainability team based in Melbourne and EY Australia’s Reconciliation Leader. Terence is an environmental engineer and an environmental and sustainability advisory and assurance specialist with over twenty-five years’ experience in advising governments and corporations on sustainability issues. Until its acquisition by EY in 2014, Terence was Founder/Executive Director of Net Balance, Australia's largest standalone sustainability and climate change practice at the time, one of Australia’s first B Corporations, twice-rated by Business Review Weekly as one of the 100 fastest-growing companies in Australia. Terence is a non-executive director of Global Citizen (Australia), Fairtrade Australia New Zealand, Food Frontier and Legal Sector Alliance and is an Adjunct Professor at the University of Southern Queensland. He acts as a Senior Advisor SASB (Sustainability Accounting Standards Board)/Value Reporting Foundation in Australia and is a member of the Technical Working Group of CDSB (Carbon Disclosure Standards Board).
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
In line with current NSW COVID-19 restrictions, all delegates and speakers must be double vaccinated or exempt to attend in person. Vaccination certificates must be presented at the Registration desk for entry.
Parking
Parking not included with registration. Possible options:
Met Centre, Jamison St - Rates Click here
Amora Hotel - Rates Click here
Secure Park 20 Bond St - Rates Click here
Directions
Closest Train Stations: Wynyard (100m) and Martin Place (700m). Closest Bus Interchange: Clarence Street (170m). Ferries: Circular Quay (1.2km)