Commercial Bar Events & CPDs

This CPD will begin with a launch announcement for Commercial Bar’s Climate Change section, by Lisa de Ferrari SC and Tomo Boston KC.

In Australia, greenwashing litigation, which has increased in recent years, has been largely based on the misleading conduct prohibitions in the Corporations and ASIC Acts, and the Australian Consumer Law. Greenwashing claims seek to challenge the truthfulness of companies’ environmental and climate change messaging. 

The Commonwealth Parliament is now considering a Bill that will require large companies to report on how climate change may affect their financial performance.  The new climate-related financial disclosure requirements will operate alongside the existing reporting requirements in Chapter 2M of the Corporations Act.  But the Bill also offers a three-year protection against private misleading or deceptive conduct claims – effectively, a temporary moratorium on greenwashing class actions. While the moratorium is in place, only ASIC will be able to litigate companies’ climate reports.  

What are the potentially contentious aspects of the new reporting framework? How do these potential claims, and the moratorium, sit within the current landscape of greenwashing litigation in Australia?

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This in an in-person event only, no livestream and will be recorded for viewing later.

The Indigenous Justice Committee, the Criminal Bar Association and the Commercial Bar Association (Public Law Section)

Recognition of, and respect for, Aboriginal people and their culture, Country and history should be at the heart of all interactions, whether personal or professional, between non-Aboriginal and Aboriginal people. But that is often not enough to result in good communication with mutual understanding between non-Aboriginal lawyers and their Aboriginal clients.

In this CPD session, Dr Diana Eades, FAHA (Adjunct Professor, University of New England) will examine this professional communication through a sociolinguistic lens. Most Victorian Aboriginal people speak English as their main language. But often, it may be Aboriginal English, which can differ from mainstream Australian English in subtle ways – in accent, word choice and meaning, sentence structure, and ways of using English. But having an awareness of the possibility of dialectal differences is also not enough to result in good communication with mutual understanding.

Taken-for-granted assumptions about good communication are culturally-based. A lack of awareness of the role that culture plays in communication has the potential of jeopardising a lawyer’s work with an Aboriginal client or witness. Participants will be encouraged to think about the practical implications for their work of some key cultural differences in assumptions about language and communication.

Dr Eades’ presentation will be followed by reflections and discussion with Greer Boe and Andrew Woods, two members of the Bar with extensive experience working with and for First Nations clients and witnesses.

Dr Eades’ biography: https://www.une.edu.au/staff-profiles/hass/deades

Greer Boe’s biography: https://www.parnellsbarristers.com.au/barrister/greer-boe/

Andrew Woods’ biography:  http://www.vicbar.com.au/profile/7420

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This is an in-person event for barristers only and will also be available online via livestream. The session will also be recorded for viewing later.