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ARTICLE · 20 MAY 2019

Understanding and addressing climate risk: A quick guide for company directors

Company directors should consider, assess and disclose potential risks or impact of climate change on their business.

AustraliaCorporate/Commercial Law
Jane Boyer
Jane Boyer

Legal pressure continues to mount on Australian company directors to consider, assess and disclose the potential impact of climate change on their business. But what is 'climate risk', why is it an issue for company directors, and how might it be disclosed?

Globally, litigation relating to corporate climate risk disclosure is on the rise. In the United States, Peabody Coal has recently been pursued in the US Courts for not disclosing its modelling for the impact of climate change on its business. Closer to home, proceedings were commenced in 2017 against the Commonwealth Bank (though later withdrawn) in relation to its climate risk disclosure.

In Australia, shareholders have filed climate risk focused resolutions with several listed companies. These companies include: Shell, BHP and Rio Tinto in the resources sector; and CBA and ANZ in the financial sector. Resolutions requiring better climate change risk disclosure have been successfully passed by Shell, BP and

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