Media release: Minister King’s rebuke of EDO reinforces need for action on activist lawfare

Resources Minister Madeleine King’s serious concerns about the conduct of the Environmental Defenders Office after another failed legal challenge reinforces the need to crack down on activist lawfare and increase transparency around how the EDO is funded.

The Minister said community legal centres “are not political campaign vehicles – they are there to provide legal services to the community, nothing more,” and expressed deep concern about Federal Court’s findings in a 2024 decision “in relation to the conduct of the EDO, which included allegations of witness tampering and confecting evidence.”

Australian Energy Producers Chief Executive Samantha McCulloch said Minister King’s comments go to the heart of community expectations — that publicly funded legal services exist to provide legal assistance to the community, not to misuse the courts in ideological-driven attempts to disrupt and delay critical energy projects.

“There must be greater transparency and accountability around the funding, coordination and objectives of organisations engaged in activist litigation, including stronger disclosure of the interests behind such campaigns,” Ms McCulloch said.

“Australia’s oil and gas industry supports growing calls to stop taxpayer funding of organisations engaged in activist lawfare,” she said.

“There must be stronger disclosure of who is funding these organisations and the interests driving these legal campaigns, which are aimed at delaying and stopping major projects that are critical to Australia’s energy security.

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

The Minister’s comments follow the Federal Court’s outright dismissal of proceedings brought by the Australasian Centre for Corporate Responsibility against Santos, represented by the EDO. The court rejected the ACCR’s claim that alleged Santos had misled shareholders about the company’s net zero plans and the role of natural gas and carbon capture and storage in reducing emissions.

The EDO was also involved in a failed legal challenge to stop Santos’ Barossa project. In a 2024 decision the Federal Court found the EDO’s evidence amounted to “confection” and was “so lacking in integrity that no weight can be placed on them”.