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We explore the topical Environment, Social and Governance issues of the day in Australia. 

Each episode, Partners Timothy Stutt and Melanie Debenham are joined by an expert third wheel guest to explore the issues from their unique perspectives.

Mel is an expert on business-critical environment, planning, heritage and native title regulation in Australia. Tim specialises in ESG from a corporate governance perspective, including market disclosure, risk management and shareholder engagement/activism.

We wish to acknowledge the traditional custodians of the lands Mel and Tim are recording from, the Whadjuk people of the Noongar nation in Perth and the Gadigal people of the Eora Nation in Sydney. We wish to acknowledge and respect their continuing culture and the contribution they make to the life of this country.

Latest episode

Episode 30– Is the Australian Modern Slavery Act moving into a new phase?

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 or visit our Business and Human Rights hub.


 

Episode 29 – It’s an onion! Australia’s carbon market

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.


 

Episode 28 – Black letter law goes blurry

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”.


 

Episode 27 – Bankability versus Sustainability

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”).


 

Episode 26 – International Women’s Day with Stella

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!


Previous episodes

 

Special: Unlocking ESG Investment in Australia Report

EP22: Unlocking ESG Investment in Australia EP23: Keeping the focus on “S”


EP24: Start at the source EP25: Risk and return under every rock



 

2022

EP11: #BreakTheBias with Rebecca Maslen-Stannage and Andrew Pike EP12: Authenticity with James Palmer


EP13: Australian Federal Election with Graham Phelan, Frontier Economics EP14: Fix the workplace, not the worker with David Burroughs, Westpac


EP15: Climate change and ESG litigation trends in the consumer sector with Jojo Fan and Mark Smyth EP16: Uluru Statement from the Heart (Get Up! Stand Up! Show Up!) – NAIDOC Week 2022 with Gemma McKinnon and Kishaya Delaney


EP17: Australian federal election results with Kathryn Pacey EP18: The need for speed (and pragmatic pathways) with Dr Chris Greig, Princeton University


EP19: Recycle, Recovery and Reduce with Neometals EP20: Board accountability and reporting on workplace misconduct with Nerida Jessup, Anna Creegan and Lucy Boyd


EP21: The role of challenge, discomfort and humility in positive workplace cultures with Professor Brock Bastian  

 

 

2021

EP1: Inaugural episode with ESG insights from Herbert Smith Freehills CEO Justin D’Agostino EP2: Mandatory ESG due diligence developments in the EU with Antony Crockett


EP3: Innovation in Modern Slavery with Human Rights Resources and Energy Collaborative’s Shaeron Yapp and Gemma Wilford EP4: Climate change litigation with Mark Smyth


EP5: The future is now! Renewable energy in Australia with Dr Cameron Kelly, Australian Renewable Energy Agency EP6: Asking the right questions with Brooke Massender, Global Head of Pro Bono for Herbert Smith Freehills


EP7: It’s not about the money, money, money with Lewis McDonald, Global Head of Energy for Herbert Smith Freehills EP8: Enough is enough with Olga Klimczak, Executive Counsel, Employment, IR and Safety for Herbert Smith Freehills


EP9: Wiyi Yani U Thangani (Women’s Voices) with Charlee-Sue Frail, Former advisor of Wiyi Yani U Thangani and Dusseldorp Forum board member EP10: All eyes on COP27 with Silke Goldberg, HSF’s Global Head of ESG and lead for the firm’s Climate Change practice



 

Key contacts

Timothy Stutt photo

Timothy Stutt

Partner, Sydney

Timothy Stutt
Melanie Debenham photo

Melanie Debenham

Partner, Perth

Melanie Debenham

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