ESG Transformation: Conversation Series

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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.

Herbert Smith Freehills LLP


    • May 23, 2025 LATEST EPISODE
    • monthly NEW EPISODES
    • 22m AVG DURATION
    • 87 EPISODES


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    Latest episodes from ESG Transformation: Conversation Series

    The Third Wheel (ESG Australia) EP49: Structuring your Sustainability Report

    Play Episode Listen Later May 23, 2025 28:15


    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. 

    The Third Wheel (ESG Australia) EP48: Climate reporting readiness (and welcome back to TTW 2025!)

    Play Episode Listen Later May 7, 2025 21:35


    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. 

    The Third Wheel (ESG Australia) EP47: 2024 (Gift) Wrapped

    Play Episode Listen Later Dec 18, 2024 21:59


    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.

    Reporting For Duties: ESG Reporting in Australia - Assurance

    Play Episode Listen Later Oct 15, 2024 11:07


    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.

    Reporting For Duties: ESG Reporting in Australia - Verification

    Play Episode Listen Later Oct 15, 2024 5:40


    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.

    Reporting For Duties: ESG Reporting in Australia - ASRS: Metrics & targets pillar

    Play Episode Listen Later Oct 15, 2024 8:59


    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.

    Reporting For Duties: ESG Reporting in Australia - ASRS: Strategy pillar

    Play Episode Listen Later Oct 15, 2024 7:46


    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.

    Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar

    Play Episode Listen Later Oct 15, 2024 7:06


    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.

    Reporting For Duties: ESG Reporting in Australia - ASRS: Governance pillar

    Play Episode Listen Later Oct 15, 2024 10:37


    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.

    Reporting For Duties: ESG Reporting in Australia - Climate governance frameworks

    Play Episode Listen Later Oct 15, 2024 9:03


    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).

    Reporting For Duties: ESG Reporting in Australia - Getting ready for climate reporting

    Play Episode Listen Later Oct 15, 2024 7:54


    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.

    Reporting For Duties: ESG Reporting in Australia - A new climate reporting regime… now what?

    Play Episode Listen Later Oct 15, 2024 12:27


    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.

    The Third Wheel (ESG Australia) EP46: ESG x Tech: A spotlight on data centres

    Play Episode Listen Later Oct 15, 2024 31:53


    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

    The Third Wheel (ESG Australia) EP45: Whistleblowing systems and ESG risk management

    Play Episode Listen Later Oct 15, 2024 41:47


    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

    The Third Wheel (ESG Australia) EP44: ESG without borders: International reporting perspectives

    Play Episode Listen Later Oct 15, 2024 22:08


    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.

    The Third Wheel (ESG Australia) Special Episode: Stuck in the Middle? Unlocking ESG Investment

    Play Episode Listen Later Oct 15, 2024 28:20


    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

    The Third Wheel (ESG Australia) EP42: Climate reporting – the preparation starts now

    Play Episode Listen Later Oct 15, 2024 20:39


    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

    The Third Wheel (ESG Australia) EP41: So you want to be a carbon farmer?

    Play Episode Listen Later Oct 15, 2024 23:52


    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.

    Investigate 360 x The Third Wheel: Corporate Crossroads – ESG and Criminal Responsibility

    Play Episode Listen Later Oct 15, 2024 34:23


    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.

    The Third Wheel (ESG Australia) EP39: The ESG Crystal Ball for 2024

    Play Episode Listen Later Mar 24, 2024 28:11


    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.

    The Third Wheel (ESG Australia) EP38: COP28 – the debrief with Silke Goldberg

    Play Episode Listen Later Jan 8, 2024 24:33


    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

    The Third Wheel (ESG Australia) EP37: Future of Work – New challenges, new norms

    Play Episode Listen Later Jan 8, 2024 9:58


    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

    The Third Wheel (ESG Australia) EP36: Australia releases its Sustainable Finance Strategy

    Play Episode Listen Later Jan 8, 2024 24:50


    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.

    The Third Wheel (ESG Australia) EP35: A COP of action?

    Play Episode Listen Later Jan 8, 2024 23:24


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

    The Third Wheel (ESG Australia) EP34: Global Bank Review – Balancing Acts

    Play Episode Listen Later Jan 8, 2024 25:51


    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

    The Third Wheel (ESG Australia) EP33: Sustainable Finance 2023 – Australia's time to lead

    Play Episode Listen Later Jan 8, 2024 13:53


    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.

    The Third Wheel (ESG Australia) EP32: A First Nations Voice in the Australian Constitution

    Play Episode Listen Later Jan 8, 2024 41:27


    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/

    The Third Wheel (ESG Australia) EP31: Climate Governance Forum 2023 – a call to action

    Play Episode Listen Later Jan 8, 2024 20:25


    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).

    Reporting For Duties: ESG Reporting in Australia - Modern slavery incidents-Disclose or case closed?

    Play Episode Listen Later Aug 1, 2023 7:40


    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.

    Reporting For Duties: ESG Reporting in Australia - Does ESG oversight require a dedicated SusCo?

    Play Episode Listen Later Aug 1, 2023 6:31


    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.

    Reporting For Duties: ESG Reporting in Australia - The future of ASX Corporate Governance Principles

    Play Episode Listen Later Aug 1, 2023 13:38


    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.

    Reporting For Duties: ESG Reporting in Australia - Climate scenarios and financial reporting

    Play Episode Listen Later Aug 1, 2023 8:02


    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.

    Reporting For Duties: ESG Reporting in Australia - Climate reporting: who and when?

    Play Episode Listen Later Aug 1, 2023 11:13


    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.

    Reporting For Duties: ESG Reporting in Australia - Climate reporting: the framework

    Play Episode Listen Later Aug 1, 2023 9:28


    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.

    The Third Wheel x Talking Shop EP30: Is the Australian Modern Slavery Act moving into a new phase?

    Play Episode Listen Later Jul 11, 2023 19:01


    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).

    The Third Wheel (ESG Australia) EP29: It's an onion! Australia's carbon market

    Play Episode Listen Later Jul 11, 2023 29:09


    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.

    The Third Wheel Podcast (ESG In Australia): Episode 28 - Black letter law goes blurry

    Play Episode Listen Later Apr 12, 2023 23:02


    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”.

    The Third Wheel Podcast (ESG In Australia): Episode 27 - Bankability versus Sustainability

    Play Episode Listen Later Apr 12, 2023 31:52


    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”).

    The Third Wheel Podcast (ESG in Australia): Episode 26 – International Women's Day with Stella

    Play Episode Listen Later Mar 15, 2023 22:15


    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!

    The Third Wheel Podcast (ESG In Australia): Episode 25 - Risk and return under every rock

    Play Episode Listen Later Feb 10, 2023 18:36


    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

    The Third Wheel Podcast (ESG In Australia): Episode 24 - Start at the source

    Play Episode Listen Later Dec 23, 2022 24:27


    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.

    The Third Wheel Podcast (ESG In Australia): Episode 23

    Play Episode Listen Later Dec 6, 2022 21:24


    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

    The Third Wheel Podcast (ESG In Australia): Episode 22

    Play Episode Listen Later Dec 5, 2022 14:02


    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

    The Third Wheel Podcast (ESG In Australia): Episode 21

    Play Episode Listen Later Dec 5, 2022 35:12


    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

    The Third Wheel Podcast (ESG In Australia): Episode 17

    Play Episode Listen Later Dec 5, 2022 21:36


    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.

    The Third Wheel Podcast (ESG In Australia): Episode 19

    Play Episode Listen Later Dec 5, 2022 24:05


    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.

    The Third Wheel Podcast (ESG In Australia): Episode 20

    Play Episode Listen Later Dec 5, 2022 25:28


    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.

    The Third Wheel Podcast (ESG In Australia): Episode 18

    Play Episode Listen Later Dec 5, 2022 33:29


    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.

    EP15: Corporate Debt Report and sustainable finance

    Play Episode Listen Later Jul 18, 2022 11:19


    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. 

    The Third Wheel Podcast (ESG in Australia): Episode 15

    Play Episode Listen Later Jul 6, 2022 22:29


    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.

    The Third Wheel Podcast (ESG in Australia): Episode 16

    Play Episode Listen Later Jul 6, 2022 30:41


    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.

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