Court orders ‘activists’ to hand over documents to Santos over anti-gas campaign

Santos is closer to establishing who bankrolled a failed campaign against its massive $5.3bn Barossa gas project.

Protesters hold a banner at the front of the Federal Court. Picture: Getty Images

Santos is a step closer to finding out who bankrolled the Environmental Defenders Office’s failed campaign against its $5.3bn Barossa gas project, after the Federal Court ordered communications between the EDO and four activist groups be handed over.

Federal Court judge Natalie Charlesworth ruled in favour of the oil and gas giant and allowed subpoenas served on The Sunrise Project Australia, Jubilee Australia Research Project, Environmental Centre NT and Market Forces to be enforced.

It means the groups will be compelled to deliver Santos all documents that record “any payment or indemnity to the applicants or the (EDO)” so it can work out where to recover millions of dollars of extra costs following a failed campaign to halt work on a 262km pipeline in the Tiwi Islands.

Justice Charlesworth criticised the EDO in her January decision that meant work could continue on the pipeline, saying in some instances evidence it presented was confected.

Lawyers for the activist groups called the request a “fishing expedition” and an abuse of process, but Justice Charlesworth rejected that.

“The (groups) may fairly be described as activist organisations, existing solely to achieve environmental outcomes, not to derive profits,” she said.

“It is at least arguable that a non-party’s support of litigation to pursue a political or ideological objective of the non-party’s own could … weigh in favour of a costs order.”

It was “for that reason”, Justice Charlesworth said, that she did not accept the activist groups’ arguments.

Tiwi islander elders Antonia Burke, Simon Munkara and Pirrawayingi Puruntatameri protesting NAB’s funding of Santos’ gas projects in the NT. Picture: John Feder

They claimed not to have any documents relating to payments made to the EDO or similar agreements, but Justice Charlesworth said that did not mean there was no “reasonable basis” to pursue them for costs.

She said communications between the EDO and the groups “may or may not” sufficiently demonstrate a relationship to ultimately support the costs order, but Santos was warranted in seeking the information.

Public statements made by Jubilee, Sunrise Project and the Environment Centre about their links with the “Stop Barossa Gas” campaign showed issuing subpoenas “in the present case is not mere speculation”, Justice Charlesworth said.

Justice Charlesworth did not allow a subpoena with a request for category two information – which is “all documents recording or evidencing any communication with the EDO or the applicants” – against Market Forces. But Jubilee, Sunrise Project and the Environment Centre will have to hand over this information.

And all four groups have been compelled to supply Santos with documents that set out payment or indemnity to Tiwi Islands traditional owner Simon Munkara or the EDO.

Justice Charlesworth said the EDO paid disbursements of almost $150,000 to third parties throughout the proceeding when ordinarily those costs would be covered by the applicants – Mr Munkara in this case.

And despite Mr Munkara informing the court that he could pay damages, they “nonetheless prosecuted their claim with the assistance of a large team of ­lawyers”.