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Australians are ready for a greener future. Are lawyers?

With environmental and sustainable initiatives accelerating, driven by increasing consumer demand, lawyers have an essential role to play to help Australia realise its green ambitions and encourage further investment into those initiatives, according to Hicksons Lawyers.

user iconTony Zhang 10 December 2020 Big Law
Hicksons partner Lachlan Wilson
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Australians are increasingly focussed on creating a greener future, the firm said, noting that studies have found that 92 per cent of Australian business and 91 per cent of Australian consumers are concerned about the environment, with 80 per cent of Australians over the age of 14 agreeing that the country must act now to control its environmental problems. 

Innovations and ideas to solve these problems are coming to fruition at a much faster pace with new technology, the firm continued

The pace of this change is continuing to increase and Hicksons believes it is creating a significant risk that unless lawmakers consider laws proactively instead of reactively, the law will fall behind.

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Hicksons partner Lachlan Wilson said that typically, Australian law has a reactive approach to new initiatives and societal, environmental or financial changes. 

“There is a greater focus on acting now to implement sustainability initiatives, so it’s essential for lawyers and lawmakers to start thinking five to 10 years ahead to consider what the future will be like, and what changes to our laws will be needed,” he said.

The Electric Vehicle Council had revealed that the sustainability initiative fast becoming a popular choice with consumers is electric vehicles (EV). In the first half of 2020 alone, 3,226 EVs were sold in Australia, with 56 per cent of Australian consumers considering an electric vehicle as their next car.

Hicksons said that Australia has the potential to make a significant impact on the global EV supply chain. The timely implementation of adequate policies and laws across the entire EV ecosystem, from supporting consumers, to public infrastructure and insurers, is critical in achieving this.

“Changes need to be made to some current policies to help support emerging sustainability initiatives, such as EVs. The primary areas of focus for EVs should be around policies and laws relating to insurance, liability, and public and private infrastructure, Mr Wilson said.

“Without these changes, the market for these vehicles could be hindered, delaying their positive impact on the environment as potential buyers wait to see how the roll out of supporting infrastructure and changes to laws and taxes will affect them.”

Mr Wilson said that insurance policies will be crucial to the success of the EV market, particularly as vehicles take on more and more automation, as they provide financial protection for all parties involved, from designers and manufacturers to resellers and consumers.

Furthermore, Hicksons found that sufficient thought needs to be given to proactively address insurance documents and processes to pave the way to a prepared future. Considerations also need to be made around claims processes, responsibilities and liabilities, and insurance infrastructure to futureproof environmentally sustainable initiatives in Australia.

“Lawyers play an important role in addressing policy and insurance changes. When societal changes occur, lawyers are at the coalface and quickly gain important insights into where the laws are failing and the gaps that need addressing,” Mr Wilson said.

“Therefore, lawyers are in a unique position to be proactive and work together with industry bodies and government to address challenges and gaps not just with existing laws, but to ensure that laws are drafted with an eye on the future.”

The Australian Law Council had also stated that there needs to be a greater focus on adaptive planning to deliver environmental outcomes.

Mr Wilson said new-generation lawyers will be crucial in driving change and influencing attitudes, encouraging a proactive focus on laws that support the future.

Enacting change to accommodate for present and future environmental sustainability initiatives needs to start now, and new-generation lawyers will be key players in helping to drive this agenda,” Mr Wilson said.

“These lawyers bring fresh eyes and an attitude that embraces new initiatives, which will only benefit Australian law, the economy and the wider community.

Recently, the Australian Legal Sector Alliance (AusLSA) had also released its new report, which highlighted the importance for the legal sector to focus on renewal and recovery in sustainability in 2021.

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