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Environmental, Social and Governance (ESG)

Environmental, Social and Governance (ESG) considerations are increasingly significant for both public and private sector organisations. Our breadth of practice and depth of experience enable us to provide robust, strategic and effective solutions to ESG challenges, old and new. 

Environmental, Social and Governance (ESG)

At Holding Redlich, we understand that organisations are experiencing increased scrutiny from their clients, investors, regulators, employees and other stakeholders on a growing range of ESG concerns, including as new reporting requirements emerge.


What is ESG?

ESG is an umbrella term that stands for the "Environmental", "Social" and "Governance" aspects of commercial activities. Broadly speaking, ESG can be viewed as a set of criteria against which interested stakeholders evaluate risk and value in a company. Increasingly, investors and consumers are aligning investments and spending with ESG values and capitalising on companies which actively address ESG risk through high ESG standards. This shift in behaviour has also attracted the attention of regulators, who are keen to hold organisations to account for their ESG related claims.

Whether relating to greenwashing, modern slavery, renewable energy, other supply chain integrity issues, commercial risk strategy, corporate accountability and directors duties or mandatory regulation we work closely with our clients to identify ESG issues before they arise and develop forward-thinking solutions. Alternatively, when our clients come to us with an ESG related dispute, our in-depth experience as a multi-industry and multi-practice advisory, dispute resolution and litigation firm enables us to deliver tried and tested, practical and effective outcomes.


Issues relating to biodiversity loss, climate change, renewable energy, sustainable investment, pollution, water usage, and native title, including:

  • advising participants on the establishment of solar grid generation systems that complied with the requirements of the New South Wales Solar Rebate scheme
  • providing advice relating to native vegetation and threatened species legislation 
  • providing advice in relation to potential or threatened Aboriginal cultural heritage proceedings.


Issues involving diversity and inclusion, discrimination, modern slavery, bullying and harassment, data privacy and security, and workplace health and safety, including:

  • advising a number of large corporations and government entities in relation to modern slavery concerns, reporting and compliance
  • providing advice in respect of Equal Employment Opportunity and discrimination matters including returning to work and parental leave issues 
  • strategic advice on minimising exposure to workplace safety risk and liability.


Issues involving corporate decision-making, board independence, shareholder activism, corruption, and risk mitigation, including:

  • assisting clients in managing regulators’ monitoring and enforcement visits 
  • advising and acting for various commercial clients in relation to investigations by ASIC, APRA, Australian Crime Commission and other statutory investigatory bodies 
  • reviewing communications and disclosures, including product disclosure statements, prospectuses, and periodic disclosure
  • drafting policies, charters and delegation frameworks for managing corporate risk
  • advising on Australian Consumer Law issues, including misleading and deceptive conduct.


Our ESG clients include investment managers, listed and unlisted corporations, superannuation funds, real estate developers, institutional shareholders, government departments, and statutory authorities.

Recent Posts

24 April 2024 - Knowledge

NSW Government Bulletin: Climate risks in government property transactions

#Government, #Property, Planning & Development, #Environmental, Social and Governance (ESG)

Climate-related risks affect almost every stakeholder in a property transaction. We look at two types of risks associated with purchasing and developing land during a climate crisis and how government lawyers can mitigate these risks.

17 May 2023 - Knowledge

Managing the agricultural supply chain: Contract negotiation and management

#Agribusiness, #Environmental, Social and Governance (ESG), #Transport, Shipping & Logistics, #Procurement

The agribusiness sector is experiencing significant shifts in its supply chain contracts due to changing market dynamics and growing sustainability concerns. What are the key areas undergoing generational change? How can companies adapt to this evolving landscape?

22 March 2023 - Knowledge

NSW Government Bulletin

#Government, #Environmental, Social and Governance (ESG)

In this edition, we look at the relevance of ESG to governments and their agencies, the impact of ESG on public policies and priorities, and the challenge of balancing priorities and social mores.

15 March 2023 - Knowledge

Key lessons from ASIC’s first court action against greenwashing by super fund

#Corporate & Commercial Law, #Environmental, Social and Governance (ESG), #Superannuation, Funds Management & Financial Services

ASIC has launched its first court action against Mercer Superannuation for allegedly making false claims about its sustainable investment options. What can businesses learn from this case?

08 March 2023 - Knowledge

Greenwashing unsustainable following ASIC and ACCC enforcement action: How your business can stay off the regulators’ radar

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Superannuation, Funds Management & Financial Services

Australia’s corporate and consumer regulators are on red alert for greenwashing and have prioritised investigating and taking enforcement action in connection with misleading disclosures and marketing.

02 March 2023 - Knowledge

M&A deal characteristics in 2023

#Mergers and Acquisitions, #Corporate & Commercial Law, #Environmental, Social and Governance (ESG)

In our latest M&A Review, we highlight six deal characteristics deal makers can expect to see this year.

11 October 2022 - Knowledge

Future of climate change litigation against governments

#Environmental, Social and Governance (ESG), #Government, #Dispute Resolution & Litigation, #Planning, Environment & Sustainability

In this instalment of our ongoing ESG series, we look at some recent climate change cases brought against government bodies and predict what the main risks are for the future.

10 August 2022 - Knowledge

Driving ESG: The Australian perspective

#Environmental, Social and Governance (ESG), #Planning, Environment & Sustainability, #Renewable Energy

ESG is a prominent feature in the Australian landscape and of increasing significance for government, business and the broader community. In this article, we examine some of the major drivers behind this trend.

13 July 2022 - Knowledge

ESG investing – ASIC releases new ‘greenwashing’ guidance

#Environmental, Social and Governance (ESG), #Superannuation, Funds Management & Financial Services, #Dispute Resolution & Litigation, #Regulatory

ASIC has released guidance setting out the main risks relating to ‘greenwashing’ sustainability-related investments, products and services and what those who offer such products can do to avoid it.

29 June 2022 - Knowledge

New and improved SOCI Act: Initial observations

#Corporate & Commercial Law, #Data & Privacy, #Environmental, Social and Governance (ESG)

As the dust finally settles on the suite of amendments to the Security of Critical Infrastructure Act, we share some initial observations about how the regime impacts critical infrastructure entities and what these entities need to be mindful of when managing critical infrastructure assets in Australia.

22 June 2022 - Knowledge

Unpacking greenhouse gas (GHG) emissions in transport, ESG and supply chains

#Transport, Shipping & Logistics, #Environmental, Social and Governance (ESG), #Planning, Environment & Sustainability

The Australian transport industry needs to find ways to export goods over long distances efficiently and, at the same time, balance the pressure from ESG investors to ‘decarbonise’ and enhance sustainability practices. In this article, we unpack the meaning of GHG emissions across the sector and ESG in supply chains. 

15 June 2022 - Knowledge

Environmental, Social and Governance (ESG) explained: Five important considerations for companies and their lawyers

#Environmental, Social and Governance (ESG), #Corporate & Commercial Law, #Dispute Resolution & Litigation, #Planning, Environment & Sustainability

The term ‘ESG’ is becoming increasingly popular in the world of business and investment. Apart from knowing that it stands for environmental, social and governance, what does the term really mean and why is it important for your business?