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Austrade and the College of Law collaborate on major Malaysian ESG training program

Published:
15 Mar 2023
News
Austrade and the College of Law collaborate on major Malaysian ESG training program

The College of Law is spearheading legal education in the environmental, social and governance (ESG) space working closely with government and industry in the ASEAN region. The intersection between environmental, human and social rights, and business and government policy, is of increasing importance to ASEAN nations as they look to meet their transboundary obligations and work towards a more sustainable future.

Global investment is becoming increasingly geared towards ESG policy. The statistics are overwhelming. According to Deloitte Insights, *ESG-mandated assets are projected to make up half of all professionally managed assets globally by 2024. A recent PwC report found that **ESG-related assets under management (AuM) are expected to increase globally to $US33.9tn by 2026, this would reflect 21.5% of all global AuM and is an exponential rise from $US18.4tn in ESG-related AuM in 2021.

In the Capital Group ***ESG Global Study 2022, the momentum towards ESG is being driven by client demand and a desire to make an impact - more than a quarter of the global investors surveyed said ESG is central to their investment approach. It is this global movement, along with the commercial, social and environmental implications of not addressing ESG-related issues, driving a number of ASEAN countries to work with the College of Law to learn more about ESG policy and its implementation.

In conjunction with the Australian Trade and Investment Commission (Austrade), the College has created a tailored ESG training program for the Federation of Malaysia Manufacturing Institute (FMM Institute). The FMM Institute is a subsidiary of the Federation of Malaysian Manufacturers, working with Austrade, the organisation is looking to enhance national compliance with ESG principles. While there is no specific codification of ESG principles in Malaysian legislation, compliance with certain ESG principles is seen to be required by pieces of regulation outlined by Bursa Malaysia Securities Berhad (BMSB). Impacting publicly listed companies, BMSB published amendments on the 29th of September 2022 aimed at enhancing sustainability practices by increasing reporting requirements.

“Awareness of the importance of ESG compliance and integration in Malaysia’s business community is growing with the 12th Malaysia Plan highlighting the country’s ambition to advance sustainability and commitment to achieving carbon-neutral status by 2050,” Ms Srii Gunaseelan, Business Development Manager, Education at Austrade (based in Kuala Lumpur), says. 

“There is a need to raise awareness of the risk of adverse legal and reputational consequences against companies that fail to uphold ESG standards. Building upon the long-established Australia-Malaysian education ties, high-quality training can help prepare local business communities to manage increased business complexity and future investor expectations.”

Existing Malaysian legislation alludes to ESG elements, including the Environmental Quality Act 1974, Anti-trafficking in Person and Anti-smuggling of Migrants Act 2007 and the Malaysian Anti-Corruption Commission Act 2009. While there are no specific legal requirements for private companies and limited recourse placed upon publicly listed companies, there are a number of reasons ESG compliance is important for the Malaysian manufacturing industry. These include attracting and fostering international investment, reducing investor risk and implementing practice for long-term sustainability.

There have been specific examples of major manufacturing contracts being lost due to ESG compliance issues,” James Jung, Director of International Relations & Development at the College explains. “This includes ATA losing their Dyson contract because of allegations of forced labour. Dyson made up 80% of their revenue, the termination of the contract was issued in November 2021 and ATA’s share price tumbled by 84% in one month.

A similar situation unfolded for Top Glove, the world’s largest glove manufacturer. In March 2021 findings of forced labour led to a US ban on imports.”

The College and FMMI will sign an MOU early April 2023 to formalise the relationship between the two organisations to explore, plan and execute activities in relation to skills training and talent development for the current and future workforce in Malaysia. A large part of the skills training will incorporate ESG topics that relate to the Malaysian manufacturing sector.

Another major ASEAN ESG training program was created for the senior legal team at Vietnam Electricity (EVN) and its subsidiaries. EVN is state owned and is the second largest corporation in Vietnam, it is the sole provider of electricity to over 100 million people with a turnover of $16 billion USD annually. EVN’s mission includes ensuring sufficient power supply for national socio-economic growth and it serves as a macro-economic regulatory tool for the Vietnamese Government.

The College’s program broadened mine and my team’s understanding of ESG integration and SDG implementation in relation to the renewal energy sector,” Mr Nguyen Minh Khoa, General Counsel at EVN, explains. “As the curriculum continues to evolve, the examples become more and more topical. The real-life cases were very interesting and explain how, with this additional information, issues could have been avoided. The College’s program offers important insights into ESG policy and the role it plays in the professional world.”

Initially run in December 2022, the College hosted an EVN delegation of 15 senior leaders that consisted of general counsels and deputy general counsels from eight different provincial entities in Vietnam. The College brought together industry experts from Sydney and Melbourne specialising in ESG professional services to participate. College educators delivered training modules in ESG and the energy sector, cross-cultural negotiation skills and the Australian code of ethics for lawyers, the delegation also received an introduction to the Australian legal system by Michael Bearman, Barrister, Owen Dixon Chambers West.

Mick Sheehy, Partner at PwC NewLaw and Carl White, Director at PwC NewLaw, presented to the delegation on the future of legal departments and in-house counsel. And the delegation undertook offsite visits to Herbert Smith Freehills' Melbourne office with a presentation from Gerard Pike, Partner and Head of Renewal Energy team, and took a tour of the Magistrates Court of Melbourne, Country Court of Victoria and Supreme Court of Victoria. The program was such a success a follow-up procurement program for EVN is running in May 2023.

The College’s work in the ESG space with a focus on the ASEAN region began in July 2022 with a joint workshop on ESG Law and Practice with the Asian Development Bank, Asian Research Institute for Environmental Law and the United Nations Environmental Program (UNEP) at the College HQ in Sydney. This was a hybrid event and attracted more than 400 local and international attendees. 

The College has also developed, and currently offers, an e-learning course ‘Developments in ESG for Legal Practitioners’ designed for the members of The Law Society of Singapore. In addition to this, the College recently delivered a course ‘ESG in Legal Practice’ as part of The Law Society of Singapore’s Legal Practice Management course, where it trained over 200 Singaporean lawyers.

Since the inception of the College of Law Asia in 2016, the College has provided countless international training programs working with international law associations, local bar associations, global law firms, universities, government and legal professionals,” Angie Zandstra, Chief Commercial Officer at the College of Law, says. “In recent years, the College recognised ESG was becoming an important worldwide topic but there appeared to be knowledge gaps and lack of clarity around core sustainability issues in the legal profession.

“The College believes ESG training for legal professionals is vital in providing critical understanding of the relevant environmental, social, and governance issues impacting businesses, thus helping lawyers to better advise their clients.”

 

* https://www2.deloitte.com/uk/en/insights/industry/financial-services/esg-investing-and-sustainability.html

** https://www.pwc.com/gx/en/news-room/press-releases/2022/awm-revolution-2022-report.html

*** https://www.capitalgroup.com/eacg/esg/global-study.html

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Property Law Update: Off-the-plan Property Contracts

The law concerning off-the-plan purchases can be complex. However, as buyers seek affordable entry points into the property market, this kind of purchase has become more and more common. To help demystify this area of law, we spoke to property lawyer Jane Macdonnell, who is a College of Law lecturer in our popular LLM program. 

Defining success in life and law

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Defining success in life and law

What does it mean to be successful? Her Honour Magistrate Michelle Harries, former Assistant Director and lecturer at the College of Law WA, shares her insights at the PLT Excellence Awards Evening. The following is an extract from Her Honour’s speech.

What’s so special about specialising? The ins and outs of becoming a specialist lawyer

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What’s so special about specialising? The ins and outs of becoming a specialist lawyer

Becoming a specialist can be a smart career move. It’s a pathway to new knowledge, opportunities and challenges. But it’s also a commitment. So is specialising the right move for you? Learn the ins, outs, and must-knows of specialising – and what you need to know before you take the leap.

Assessing Mental Capacity: A Guide from the Law Council of Australia

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Assessing Mental Capacity: A Guide from the Law Council of Australia

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

Your Guide to a Career in Family Dispute Resolution Practice

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Your Guide to a Career in Family Dispute Resolution Practice

Download your guide to a career in family dispute resolution practice for everything you need to know about FDR in a nutshell, the personal strengths of a FDR Practitioner, the core expertise of a FDRP, related areas of expertise, and career prospects in FDR.

How the LPMC assisted Elena to take her firm to the next level – and grow from there

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How the LPMC assisted Elena to take her firm to the next level – and grow from there

Elena Leonardos, principle lawyer at Adelaide Legal Solutions, chose to complete her LPMC when the SA's regulation rules changed. Now, she's executing her 12-month plan to expand her business, and seeing an increase in the firm's profitability.

How Ilvana Nanic pursued her childhood dream of family law

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How Ilvana Nanic pursued her childhood dream of family law

LLM graduate Ilvana Nanic shares why she finds family law so rewarding, and her advice to lawyers interested in studying The College of Law LLM.

Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

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Meet Best Graduating Student in Commercial Litigation, Dominique Mayo

Explore how an LLM helped best graduating student (commercial litigation) Dominique Mayo advance her career.

How to break into family law with Jo Bragg

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How to break into family law with Jo Bragg

Jo Bragg, a solicitor in regional Tasmania, started as a generalist lawyer. Her personal experience of separation, along with increasing client demand, prompted her to move into family law. Insights spoke to Jo about what attracted her to family law, what her day-to-day life looks like in practice, and her advice for lawyers looking to move into the area.

How ESG will impact your area of practice in law

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How ESG will impact your area of practice in law

Four years ago, ESG (Environmental, Social and Governance) principles barely registered, even today many people are left asking – “what is ESG?”. In a nutshell ESG is a framework that is used to assess a businesses’ sustainability and ethical performance. ESG principles are an ever-growing part of doing business today. For those wanting to know more about ESG the College of Law will be holding a free ESG in Australia seminar Thursday 18th of May onsite at the College headquarters in Sydney and online. 

The future has never looked brighter: words from our CEO on the College’s big move

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The future has never looked brighter: words from our CEO on the College’s big move

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

A Lawyer's Guide to Getting Published

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A Lawyer's Guide to Getting Published

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Navigating Age Discrimination In The Law With Tile Imo

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Navigating Age Discrimination In The Law With Tile Imo

Bias and age-based discrimination remains an issue in the workforce, despite legal protections. In this article, we delve into the intricacies of age bias claims with Tilé Imo, Associate Director of Caxton Legal Centre. We explore the evolving legal landscape, effective strategies for litigating age discrimination cases, and the emerging trends that lawyers need to be aware of to best serve their clients.

Major changes ahead with the Family Law Amendment Bill 2023 in progress

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Major changes ahead with the Family Law Amendment Bill 2023 in progress

Major changes are coming that will impact the family law system and the way practitioners operate in Australia. The Family Law Amendment Bill 2023 is currently under debate in parliament and after its third reading, it is now under review with the Senate Legal and Constitutional Affairs Legislation Committee. The College of Law will provide legal training support when the Family Law Amendment Bill commences, but in the meantime, we spoke with College of Law adjunct lecturer Kathryn Kearley to find out about the most important changes.  

Graduates, prize winners honoured at the Winter 2022 Academic Awards Ceremony

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Graduates, prize winners honoured at the Winter 2022 Academic Awards Ceremony

The College of Law recognised over 200 graduates of its Postgraduate Specialisation Programs at the 2022 Academic Awards Ceremony on 1 August. These awards included the Master of Laws (Applied Law), Master of Applied Law (Family Law), Graduate Diplomas of Applied Law and Graduate Diploma of Family Dispute Resolution Practice (FDRP).

How to get a government job in law: everything you need to know

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How to get a government job in law: everything you need to know

Embarking on a legal career in local, state, or federal government can be an exciting move. There are many pathways for development, a broad range of practice areas, and often a healthy work-life balance. These roles are highly rewarding, and highly competitive, the College of Law tells you everything you need to know about landing a government job in law.

The legal ramifications of the Queen’s death are surprisingly small

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The legal ramifications of the Queen’s death are surprisingly small

We talk to the College of Law’s Adrian Deans, Academic Policy & Quality, James Crittenden, Head of Short Courses and CPD, and Lewis Patrick, Chief Academic Officer, about some of the pragmatic impacts of the Queen’s passing on the law and Australian legal profession.

3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

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3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

Parting ways in a relationship is never easy, and family lawyers are generally the first professional separating couples encounter when they end a relationship. For all of these reasons Angela Harbinson created The Separation Guide, which aims to make separation and divorce simpler, more manageable and less stressful.

Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

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Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

Starting a business is never easy. What step should you take first? How do you negotiate the ins and outs of your legal requirements if you’re not a lawyer? Even for a seasoned lawyer these steps are complicated…And what if you also face unique cultural considerations and complexities?

Self-awareness: The surprising foundation to a thriving legal career

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Self-awareness: The surprising foundation to a thriving legal career

There’s no doubt the legal sector can be an intense work environment. Thanks to heavy caseloads and fierce competition, lawyers and other legal professionals are facing stress, anxiety and burnout on a concerning scale. But according to executive transition coach and CEO at Lucent Global, Ellie Scarf, it doesn’t have to be this way. There’s one tool that can help you manage a plethora of professional challenges. That tool? Self-awareness.

5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

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5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

The law is a complex field heavily reliant on knowledge, interpretation and advice. This makes for a profession that can have far reaching consequences and, as a result, lawyers are held to high standards. Athol Opas presents annual ethics updates to firms to keep them abreast of recent cases of misconduct and/or common ethical breaches. We spoke to Athol to find out about the most common ethical breaches lawyers should be mindful of and to gain his top tips on complying within ethical obligations. 

What are the top negligence claims facing lawyers today?

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What are the top negligence claims facing lawyers today?

The College of Law investigates which legal practice areas are most at risk of negligence claims and why. We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most affected by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place.

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

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From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

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From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

How to merge your love of music with your legal career: Chelsea's story

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How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners recognised in June ceremony

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Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

How AI is being used in Family Law

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How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to exit your job gracefully in law

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How to exit your job gracefully in law

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

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Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

Kerala Drew found the path to qualifying as an Australian lawyer fraught with roadblocks. Learn how she landed her first job in law, what set her College of Law PLT experience apart from prior study, and what advice she might have for lawyers looking to join the Australian legal profession.

When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

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When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

Ankurpreet Singh was thrust into a costly commercial conflict, which made him determine to pursue a legal career. To make his dream a reality, he enrolled in the College of Law’s LPMC – where he bolstered his business competence and confidence.

How to get into Wills & Estates with Rick Christie

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How to get into Wills & Estates with Rick Christie

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

Your Guide to a Career in Property Law

Resources

Your Guide to a Career in Property Law

Download your guide to a career in property law for everything you need to know about property law in a nutshell, the personal strengths of a property lawyer, the core expertise of a property lawyer, related areas of expertise, and the career prospects in property law.

How to Become a Partner Guide

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How to Become a Partner Guide

This guide will help you navigate the first steps towards becoming a partner. It will help you reflect on your own motivations, assess your skill set, and determine the best path forward in your career.

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