In July 2023, ASIC launched civil penalty proceedings against Vanguard, alleging that, between August 2018 and February 2021, it had made some false or misleading representations in respect of an allegedly responsible fund. Vanguard admitted most of ASIC’s allegations, but a dispute remained about liability issues.
In what is ASIC’s first greenwashing court outcome, in September 2024, the Federal Court ordered Vanguard to pay a penalty of AUS$12.9 million. In terms of loss and damages, it was held that the loss and damages manifested in the lost opportunity for investors to invest in accordance with their investment values, as opposed to financial loss to investors.