Media release: Court dismissal reinforces need for greater transparency around activist lawfare

The Federal Court’s outright dismissal of the Australasian Centre for Corporate Responsibility’s (ACCR) case against Santos exposes the need to crack down on activist groups misusing the courts to target essential energy projects and companies.

Australian Energy Producers Chief Executive Samantha McCulloch said the court’s findings published today shone a light on the tactics used by activist groups and underscored the need for increased transparency around how these groups are funded and the impact of their lawfare on Australia’s economic and energy security interests.

“This outcome is welcome and reinforces the need for far greater transparency and accountability around the funding and coordination of activist litigation,” Ms McCulloch said.

“There must be stronger disclosure of who is funding these organisations and the interests driving these legal campaigns.”

The court ordered ACCR to pay Santos’ costs, rejecting the claims that Santos had engaged in misleading or deceptive conduct in relation to its net zero roadmap, use of the term “clean energy” and future hydrogen ambitions.

The court recognised that net zero roadmaps are, by their nature, forward-looking and subject to technological progress, market development and policy settings, and that Santos had a “clear and credible plan” to reduce Scope 1 and 2 emissions by 26-30% by 2030 and reach net zero by 2040.

“When groups pursue high-profile legal action designed to influence public debate and investment confidence, transparency is essential,” Ms McCulloch said.

“If activist organisations expect companies to meet the highest standards of disclosure and accountability, they should also be held to the same standard.”