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Australian Court Grants Shareholders Access to Bank's Internal Documents to Assess Alignment With Climate Change Commitments

On 4 November 2021, the Federal Court of Australia made orders by consent which require the Commonwealth Bank of Australia ("CBA") to permit the plaintiff shareholders to inspect and make copies of books and records that...more

Climate Change Class Action Relating to Australian Sovereign Bonds Permitted to Proceed

The Applicant's Claims - In July 2020, Ms. Kathleen O'Donnell commenced a representative proceeding on her own behalf and on behalf of all persons who at any time on or since 7 July 2020 have acquired certain types of...more

Australian Conservation Group Challenges EPA's Decision to Renew Coal-Fired Power Stations' Licences

Proceedings filed by public interest group Environment Victoria represent the first climate change litigation in Australia to challenge the licence to operate of coal-fired energy producers. A public interest group has filed...more

Australian Court Rules Environmental Regulator is Duty Bound to Develop Climate Change Policies

The Facts  In April 2020, a climate action group called Bushfire Survivors for Climate Action Incorporated ("BSCA") filed civil enforcement proceedings against the EPA in the NSW Land and Environment Court....more

Federal Court of Australia Rules That the Government Owes Duty of Care to Australian Youth on Climate Change

The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more

Australian Regulators Stress the Importance of Managing Climate-Related Risk

Following in the footsteps of its international counterparts, the Australian Prudential Regulation Authority ("APRA") is ramping up its guidance on the management of climate-related risks. On 22 April 2021, APRA released...more

ASIC Signals Increasing Expectations for Climate Change Disclosures

The Situation: After conducting a period of market surveillance, Australian Securities & Investments Commission ("ASIC") Commissioner Cathie Armour recently released a statement reiterating ASIC's expectation that disclosing...more

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