judgment

ASIC v. Active Super - judgment

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In June 2024, the Australian Securities and Investments Commission (ASIC) filed a claim with The Federal Court to impose a $10.5 million fine on Active Super regarding securities fraud on its environmental, social and governance (ESG) investment schemes. Active Super claimed that it eliminated investments that posed a risk to the environment such as coal mining and oil tar sands. However, ASIC claimed that Active Super still maintained direct investments in companies like Shell Plc and Whitehaven Coal.

In March 2025, the Federal Court of Australia sided with ASIC, determining that Active Super failed to acknowledge its emissions heavy investments within its green marketing. 

ASIC v. Active Super

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

An enterprise or financial institution that is usually majority-owned, backed or significantly controlled by nation-state governments.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

This sector involves the wholesale and retail selling of goods.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A financial entity operated or controlled by the state, often with a mandate for social or economic development.

A company that is owned wholly or partially by the state, typically operating in key sectors.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.