Jubilee v EFA and NAIF
Federal Court of Australia | NSD724/2023
Equity Generation Lawyers represents Jubilee Australia, a human rights and environmental organisation, in a Federal Court of Australia action seeking to compel Federal government agencies that subsidise fossil fuel projects to disclose the full environmental effects of those activities.
The claim was filed on 18 July 2023.
Who the claim is against
The claim is against Export Finance Australia (EFA) which is Australia’s export credit agency, and the Northern Australia Infrastructure Facility (NAIF), a $7bn fund for infrastructure in northern Australia.
Both EFA and NAIF provide taxpayer-subsidised financial support to fossil fuel projects that may not otherwise go ahead.
The claim names the Chairs of EFA and NAIF as representatives for their respective Boards which, in turn, must ensure the reporting requirements below are met.
Since the claim was filed both EFA and NAIF have published annual reports for the 2022/2023 financial year.
What the claim alleges
The action alleges certain contraventions of section 516A(6) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) that require government agencies and departments to include the following information in their annual reports:
- How their activities accord with the principles of ecologically sustainable development – including the precautionary principle and the principle of intergenerational equity;
- The effect of their activities on the environment;
- The measures they are taking to minimise the impact of their activities on the environment;
- The mechanisms for reviewing and increasing the effectiveness of measures to minimise the impact of the activities on the environment.
The definition of activities includes developing and implementing policies, plans, programs and legislation.
Jubilee Australia alleges that EFA and NAIF fail to adequately disclose the information above in recent annual reports, including failing to disclose the true effect of their financing activities on the environment.
The Statement of Claim can be viewed here.
Next steps
The first case management hearing took place on 12 December 2023. Subsequent orders have been made that set out a timetable for Jubilee Australia to apply for leave to amend the pleadings and consider the possibility of the respondents opposing the new pleadings.
The next hearing will be listed on or after 25 March 2024.
Jubilee Australia’s legal representatives
Ron Merkel KC and Natasha Hammond are counsel for Jubilee Australia.
Taxpayer-funded finance groups hit with Federal Court law suit over support for fossil fuel industry projects, Michael West Media, 18 July, 2023
Australian Agencies sued for inadequate climate disclosure, Global capital, 18 July, 2023
Gov agencies sued over poor reporting on fossil fuel projects, Energy Magazine, 18 July, 2023
Government finance agencies sued over climate reporting, Canberra Times, 18 July, 2023