Jubilee v EFA and NAIF

About

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:

  1. How their activities accord with the principles of ecologically sustainable development – including the precautionary principle and the principle of intergenerational equity;
  2. The effect of their activities on the environment;
  3. The measures they are taking to minimise the impact of their activities on the environment;
  4. 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.