Nature-related Risks and Directors' Duties: What’s the current state of play?
In late 2023, leading Australian commercial law barrister Sebastian Hartford-Davis and barrister Zoe Bush authored a legal opinion on nature-related risks and directors’ duties.
Building on previous opinions on climate change, this opinion highlighted how Australia’s economy is broadly exposed to risks from nature degradation, and explained nature-related dependencies and impacts can pose foreseeable financial risks to company interests, although risks will differ depending on a company’s sector and circumstances.
This brings nature-related risks clearly within the scope of company directors’ legal duties under corporate law.
Meanwhile, there has been a range of significant international developments to support corporate disclosure and management of nature-related risks.
Join us to hear from co-author of the legal opinion and barrister at Banco Chambers, Zoe Bush, as well as other distinguished speakers, followed by a discussion of emerging corporate responses to nature-related risks in Australia, moderated by ClimateWorks Centre CEO Anna Skarbek.
Presenter
Zoe Bush, Barrister, Banco Chambers
Ms Bush is a barrister at Banco Chambers with particular expertise in climate change law.
Immediately before coming to the Bar, Ms Bush was a senior solicitor at the Environmental Defenders Office. In that capacity, she advised and acted in corporate and consumer law matters arising in the context of climate change.
Ms Bush started her career as an Associate at the Federal Court, before joining the State Solicitor’s Office of Western Australia (SSO). During her time at the SSO, she appeared and instructed in the High Court, Federal Court, Supreme Court of Western Australia and lower courts in a broad range of proceedings, including revenue matters and regulatory prosecutions.
She holds a Master of Laws from Columbia Law School, where she studied on a General Sir John Monash Scholarship. She graduated from the University of Western Australia with a Bachelor of Law (Hons I) and Arts, where she was also an Adjunct Lecturer. She has won numerous academic awards and prizes, including placing first in climate change law at Columbia.
In her time as a solicitor, Ms Bush was named a 30 under 30 Pro Bono/Community Lawyer of the Year, and Junior Woman Lawyer of the Year.
Moderator
Anna Skarbek, CEO, Climateworks
Co-founded by philanthropy and Monash University, Climateworks bridges the gap between research and climate action, operating as an independent not-for-profit within the Monash Sustainable Development Institute.
Ms Skarbek leads the organisation’s work in Australia and Southeast Asia with decision-makers who have power to reduce emissions at scale. She has led Climateworks since its creation in 2009.
Ms Skarbek is an Asia Pacific Advisory Board member for GFANZ (the Glasgow Financial Alliance on Net Zero), a member of the Nature Finance Council, and a board director of SEC Victoria, the Green Building Council of Australia, and the Centre for New Energy Technologies.
Panellists
Laura Bacon, Senior Policy Adviser, AICD
Ms Bacon has expertise in governance, ESG, corporate law and regulatory affairs. She is responsible for developing the AICD’s public policy agenda, advocacy and contemporary governance practice initiatives, engaging with government and regulators, legal experts, directors and senior leaders from both the private and public sector.
Prior to joining the AICD, Ms Bacon provided corporate law and board advisory services at KPMG and was a solicitor at Gilbert & Tobin and Russell McVeagh (NZ).
Mark Beaufoy, Partner, King & Wood Mallesons
Mr Beaufoy is a specialist environmental and planning lawyer. He acts for Commonwealth, State and local government, statutory authorities, corporations and developers.
He is experienced in all aspects of environmental and planning law including contaminated land and brownfield redevelopment, project approvals (infrastructure, energy and resources), environmental regulatory compliance and due diligence and environmental and planning litigation.
He advises clients on environmental due diligence and legal strategies for managing environmental and planning legal risk in property and business transactions.
He has worked on the environmental and planning aspects of major transactions in the food, transport, energy, mining, water, pharmaceutical, equipment hire and steel industries. He also advises clients on environmental legal compliance and risk management and environmental management systems (including the ISO 14000 standard series), including environmental, energy and greenhouse corporate reporting.
Organisers
This webinar is presented by the Monash Nature Positive Network, and hosted by Monash Business School's Green Lab at Impact Labs, and Monash Centre for Commercial Law and Regulatory Studies (CLARS).
Event Details
- Date:
- 17 February 2025 at 1:00 pm – 2:30 pm
- Venue:
- Online - Zoom
- Categories:
- Alumni; General; Green Lab
Description
In late 2023, leading Australian commercial law barrister Sebastian Hartford-Davis and barrister Zoe Bush authored a legal opinion on nature-related risks and directors’ duties.
Building on previous opinions on climate change, this opinion highlighted how Australia’s economy is broadly exposed to risks from nature degradation, and explained nature-related dependencies and impacts can pose foreseeable financial risks to company interests, although risks will differ depending on a company’s sector and circumstances.
This brings nature-related risks clearly within the scope of company directors’ legal duties under corporate law.
Meanwhile, there has been a range of significant international developments to support corporate disclosure and management of nature-related risks.
Join us to hear from co-author of the legal opinion and barrister at Banco Chambers, Zoe Bush, as well as other distinguished speakers, followed by a discussion of emerging corporate responses to nature-related risks in Australia, moderated by ClimateWorks Centre CEO Anna Skarbek.
Presenter
Zoe Bush, Barrister, Banco Chambers
Ms Bush is a barrister at Banco Chambers with particular expertise in climate change law.
Immediately before coming to the Bar, Ms Bush was a senior solicitor at the Environmental Defenders Office. In that capacity, she advised and acted in corporate and consumer law matters arising in the context of climate change.
Ms Bush started her career as an Associate at the Federal Court, before joining the State Solicitor’s Office of Western Australia (SSO). During her time at the SSO, she appeared and instructed in the High Court, Federal Court, Supreme Court of Western Australia and lower courts in a broad range of proceedings, including revenue matters and regulatory prosecutions.
She holds a Master of Laws from Columbia Law School, where she studied on a General Sir John Monash Scholarship. She graduated from the University of Western Australia with a Bachelor of Law (Hons I) and Arts, where she was also an Adjunct Lecturer. She has won numerous academic awards and prizes, including placing first in climate change law at Columbia.
In her time as a solicitor, Ms Bush was named a 30 under 30 Pro Bono/Community Lawyer of the Year, and Junior Woman Lawyer of the Year.
Moderator
Anna Skarbek, CEO, Climateworks
Co-founded by philanthropy and Monash University, Climateworks bridges the gap between research and climate action, operating as an independent not-for-profit within the Monash Sustainable Development Institute.
Ms Skarbek leads the organisation’s work in Australia and Southeast Asia with decision-makers who have power to reduce emissions at scale. She has led Climateworks since its creation in 2009.
Ms Skarbek is an Asia Pacific Advisory Board member for GFANZ (the Glasgow Financial Alliance on Net Zero), a member of the Nature Finance Council, and a board director of SEC Victoria, the Green Building Council of Australia, and the Centre for New Energy Technologies.
Panellists
Laura Bacon, Senior Policy Adviser, AICD
Ms Bacon has expertise in governance, ESG, corporate law and regulatory affairs. She is responsible for developing the AICD’s public policy agenda, advocacy and contemporary governance practice initiatives, engaging with government and regulators, legal experts, directors and senior leaders from both the private and public sector.
Prior to joining the AICD, Ms Bacon provided corporate law and board advisory services at KPMG and was a solicitor at Gilbert & Tobin and Russell McVeagh (NZ).
Mark Beaufoy, Partner, King & Wood Mallesons
Mr Beaufoy is a specialist environmental and planning lawyer. He acts for Commonwealth, State and local government, statutory authorities, corporations and developers.
He is experienced in all aspects of environmental and planning law including contaminated land and brownfield redevelopment, project approvals (infrastructure, energy and resources), environmental regulatory compliance and due diligence and environmental and planning litigation.
He advises clients on environmental due diligence and legal strategies for managing environmental and planning legal risk in property and business transactions.
He has worked on the environmental and planning aspects of major transactions in the food, transport, energy, mining, water, pharmaceutical, equipment hire and steel industries. He also advises clients on environmental legal compliance and risk management and environmental management systems (including the ISO 14000 standard series), including environmental, energy and greenhouse corporate reporting.
Organisers
This webinar is presented by the Monash Nature Positive Network, and hosted by Monash Business School's Green Lab at Impact Labs, and Monash Centre for Commercial Law and Regulatory Studies (CLARS).