ACCC internet sweep uncovers concerning environmental and sustainability claims
The Australian Competition and Consumer Commission (ACCC) has completed its anticipated internet sweep following clear messaging last year that the regulator would crackdown on misleading environmental claims. More than half of the businesses that were subject to the ACCC’s internet sweep in October 2022 were considered to have made concerning misleading claims about their environmental […]
ReadmoreRegulatory action for greenwashing is upon us
Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
ReadmoreThe 2022 NCC – Mandating energy efficient homes
The National Construction Code (NCC) 2022 will be available from 1 October 2022, with a raft of new performance requirements designed to improve liveability and reduce energy consumption and carbon emissions. This update focuses on the new energy efficiency requirements in the NCC 2022. The proposed changes to NCC 2022 to address energy wastage are […]
ReadmoreAustralian Carbon Credit Units: Financiers tap into carbon farming and development projects
With the emergence of a thriving carbon credit market in Australia, the banking and finance industry has seen a significant increase in funding being utilised towards the establishment of carbon farming and development projects. Much of this has been driven by a material increase in the market value of Australian Carbon Credit Units (ACCUs) which […]
ReadmoreThe grass could be greener: The challenges facing sustainability linked loans in Australia
With greater focus on corporate social responsibility and achieving a more sustainable society as we emerge from the COVID-19 pandemic, the banking and finance industry in Australia has taken new strides in introducing sustainability linked loans to their commercial loan practice. We are at a particular tipping point in Australia, and the importance of finding […]
ReadmoreNew wave of litigation expected to hit Australia’s eroding shoreline
Last week, the Federal Court of Australia embarked on what is predicted to be a landmark decision, in the matter of AGL v Greenpeace Australia Pacific (Greenpeace). The case involves allegations by AGL that Greenpeace infringed its trademark rights and copyright when it featured AGL’s logo in a recent ad campaign, designed to pressure the […]
ReadmoreThe approvals climate is changing
In proceedings[1] brought by environmental groups, councils and the Mayor of London, the English Court of Appeal has ruled unlawful a decision, to allow the expansion of Heathrow Airport by the construction of a third runway, because it did not take the United Kingdom government’s policy and commitments on climate change into account. Background For many […]
ReadmoreSignificant climate change decision – shifting grounds for the Australian coal sector?
Until a month ago, no coal mine project in Australia had been refused by a decision-maker or Court on the basis of its contribution to global greenhouse gas emissions and climate change. On 8 February 2019 this changed with the significant and controversial judgment of Brian Preston CJ[1] in the NSW Land and Environment Court in the […]
ReadmoreProcedural fairness not readily ousted
Administrative decision makers are subject to a common law duty to accord procedural fairness for decisions which affect rights, interests and legitimate expectations, unless the governing statute clearly provides otherwise.[1] This is a subset of the broader principle of legality, that courts will not interpret legislation as abrogating or contracting fundamental rights or freedoms unless […]
ReadmoreElectricity regulatory framework under further review – changes ahead for both embedded networks and stand-alone power systems
The Australian Energy Markets Commission has recently announced two separate reviews – one into the regulation of embedded networks and the other into stand-alone power systems. With the national electricity framework having been founded on a centralised electricity supply model, the explosive growth of both embedded networks and large-scale localised generation options has presented challenges […]
ReadmoreCall for submissions on the Better Apartments Draft Design Standards
Following the Better Apartments – A Discussion Paper (May 2015) and the Better Apartments Public Engagement Report (December 2015), the Victorian Government has now released the long awaited Better Apartments Draft Design Standards (Draft Standards). Partner Meg Lee and lawyer Linda Choi highlight the key proposals. The Draft Standards aim to raise the quality of […]
ReadmoreVictorian Government demonstrates commitment to renewable energy with ambitious targets
The Andrews Government has demonstrated its commitment to the renewable energy industry and combating climate change by introducing a bill to the Victorian parliament last Thursday which will legislate ambitious new renewable energy targets. Partner Meg Lee and Senior Associate Kate Kirby report. What is the target? The new Victorian renewable energy targets (VRETs) […]
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