Overview

ESG is no longer new, but expectations have shifted and are also constantly changing. Government, investors, regulators, employees and communities now expect organisations to evidence how environmental, social and governance considerations are addressed in decision-making. In some areas, those expectations are now legally entrenched.

ESG can shape access to capital, investor confidence, workforce attraction and social licence to operate. For some organisations, ESG is central to strategy. For others, the priority is meeting regulatory and disclosure obligations efficiently and defensibly. Both are legitimate positions, and both carry legal consequences if poorly managed.

The legal terrain is becoming more complex and more interconnected. Climate risk, disclosure, supply-chain accountability, human rights and governance now converge, while regulatory requirements and global standards continue to develop. Managing these obligations without integrated advice can expose organisations to compliance, reputational and fiduciary risk.

Thomsons advises across the full ESG spectrum, from clients building ESG into strategy and governance to clients meeting their compliance obligations. The team provides integrated legal and regulatory advice on sustainability, climate risk, governance, disclosure and ethical investment. The team has advised large institutional investors, insurers, sovereign wealth funds and prudentially regulated entities, including institutions subject to governance reviews by APRA.

Areas of expertise

Our experience

Automotive parts supplier – Greenwashing advice

Advising a major automotive parts supplier on a company presentation to ensure environmental statements are supported to limit the risk of potential greenwashing claims.

Financial institutions – Accountability regimes

Advising on prudential accountability regimes in Australia, Hong Kong and UK. They involve mapping individual executive responsibilities, enforcing strict conduct standards, and linking remuneration to risk outcomes to eliminate corporate blindspots and drive measurable cultural and regulatory compliance.

International engineering company – Modern slavery advice

Advising a large international engineering company on its obligations meeting Australian modern slavery laws. The advice involved developing a compliance program that met Australian legal requirements and was compatible with the firm's international ESG commitments.

Major infrastructure operator – Modern slavery compliance

Advising on a proposed modern slavery statement to ensure detail was compliant with content requirements under the Modern Slavery Act 2018 (Cth).

International vehicle parts manufacturer – Modern slavery advice

Advising on the preparation of a modern slavery statement.  The work involved reviewing the company's local arrangements in place to address risks of modern slavery in supply chains, as well as those in place in its broader Asia-Pacific region and preparing a modern slavery statement that accurately reflected those arrangements and complied with the content requirements of the Modern Slavery Act 2018 (Cth).

International motor vehicle company – Modern slavery statement and due diligence Preparing modern slavery statement and development of local due diligence program. The work involved reviewing arrangements in place to address modern slavery risks at the company's global parent company level and developing a local due diligence program to complement the arrangements in place at a global level.  Based on our review and the program developed, Thomsons then assisted in preparing a modern slavery statement that met content requirements of the Modern Slavery Act 2018 (Cth).