Climate Change Litigation: International and Australian Developments and Trends
17/03/2022
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Tonight - 17 March at 5.00pm
On Tuesday the Full Court of the Federal Court of Australia handed down its decision in Minister for the Environment v Sharma [2022] FCAFC 35. Tonight, on 17 March 2022 at 5.00pm, the Climate Change Law Panel presents speakers Ms Juliana Warner and Mr Mark Smyth for a webinar on ‘Climate Change Litigation: International and Australian Development and Trends’. The webinar, to be chaired by Robert White, barrister, will focus on the key climate change developments in Australian courts, the trends observed in recent years and the future of climate change litigation both internationally and domestically.
Robert White
Prior to moving to Australia in 2009, Robert practised as a barrister in England for over 10 years, where he specialised in environmental and town planning law. At the NSW Bar Robert practises in the fields of land and environment, compulsory acquisition and consumer law (including class actions). Robert is an experienced environmental law barrister. He practises in all areas of the Land and Environment Court jurisdiction, including civil enforcement, land acquisition and compensation, land valuation, judicial review, class 5 prosecutions, climate change, class 1 merits appeals, local government and class 8 mining cases. He has an interest in climate change litigation, acting in coastal erosion cases, and in matters involving large fossil fuel and renewable energy projects. In 2020 Robert has been instructed by the Wilderness Society in judicial review proceedings in the Federal Court challenging the grant of oil exploration rights to Equinor in the Great Australian Bight, and in 2018 Robert acted for a community group opposing a coal mine in the Gloucester Valley, in which Preston CJ refused development for the mine on climate change grounds. Also in 2020, Robert was instructed to appear for Lock the Gate before the IPC at the Vickery Coal Mine Extension Project public hearing and for North West Alliance at the Narribri Gas Project public hearing before the IPC.
Ms Juliana Warner is a litigation partner at Herbert Smith Freehills. She has over 30 years of experience in conducting complex disputes and has acted for some of Australia’s leading companies in Bet-the-Company litigation. A trusted Board adviser and experienced client relationship partner, Ms Warner advises some of Australia’s leading companies on litigation exposure. Ms Warner was President of the Law Society of NSW in 2021 and was Managing Partner of the HSF Sydney office from 2012 - 2020.
Mr Mark Smyth is a litigation partner at Herbert Smith Freehills. Mark regularly advises ASX-listed companies in relation to climate change issues, including responding to shareholder activism and defending litigation. Mr Smyth is currently involved in various proceedings alleging novel climate change-related claims, ranging from proceedings alleging misleading or deceptive conduct in respect of a climate change disclosures to judicial review proceedings challenging licence conditions for inadequate emissions reduction measures.
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