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In brief

This alert provides an overview of the Australian Government’s proposed regime in respect of mandatory climate-related financial disclosure (CRFD Regime). It addresses potential liability for directors of life sciences and biotechnology companies in such disclosure.


Key takeaways

  • The proposed CRFD Regime is still in draft but is expected to be finalised in the near future following the Senate Economics Committee’s (Committee) recommendation that the Bill (as defined below) be passed.
  • The proposed CRFD Regime will put in place further disclosure requirements to which directors of all Australian companies must adhere.
  • There will be a phase-in for compliance, depending upon the size of the company.
  • Once the CRFD Regime commences, directors of life sciences and biotechnology companies which would be ‘reporting entities’ under the CRFD Regime will need to specifically disclose climate-related risks and may face personal liability for misstatements or omissions.
  • This will be a new area of exposure for life sciences and biotechnology companies.
  • Directors should now consider the systems and procedures they will need to have in place to ensure sufficient reporting.

Click here to access the full alert.

Author

Ben McLaughlin is a partner in Baker McKenzie's Sydney office. He has over 25 years' experience in advising leading Australian and international public companies on mergers and acquisitions (M&A) and equity capital markets. Ben invented the Baker McKenzie Healthcare MapApp, an acclaimed mobile application that enables clients to access over 5,000 pages of legal summaries. He has been recognized by Chambers for his work in Australian and international M&A matters, as well as in healthcare and life sciences. Ben has also been recognised as "Lawyer of the Year" for Life Sciences Practice in Sydney and as one of the Best Lawyers in Australia for Corporate / Corporate Governance and M&A Law, Best Lawyers 2022 Edition. Ben is admitted to practice law in Australia and the US, and previously practised as a CPA.

Author

Aylin Cunsolo is a Partner in Baker McKenzie's Energy and Resources in Melbourne.

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