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SLAPP

Summary:
Adani has been pretty quiet after the publication of a leaked memo from its newly hired law firm AJ & Co, named for its founder and managing partner, Andrew Johnson. AJ promised to act as an “attack dog” to silence opponents and sue them into bankruptcy, something Adani is already attempting in the case of indigenous leader Adrian Burragubba (I understand that funds have been raised to ensure that this doesn’t happen). This is what is known= as a Strategic Lawsuit Against Public Participation (SLAPP) and is illegal in many US jurisdictions though not (AFAICT) in Australia. The Environmental Defender’s Office, one of the targets of Adani/AJ action, has a useful guide. This kind of thing used to be covered by the common law offence of barratry (Dante consigned barrators to the

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Adani has been pretty quiet after the publication of a leaked memo from its newly hired law firm AJ & Co, named for its founder and managing partner, Andrew Johnson. AJ promised to act as an “attack dog” to silence opponents and sue them into bankruptcy, something Adani is already attempting in the case of indigenous leader Adrian Burragubba (I understand that funds have been raised to ensure that this doesn’t happen).

This is what is known= as a Strategic Lawsuit Against Public Participation (SLAPP) and is illegal in many US jurisdictions though not (AFAICT) in Australia. The Environmental Defender’s Office, one of the targets of Adani/AJ action, has a useful guide. This kind of thing used to be covered by the common law offence of barratry (Dante consigned barrators to the Eighth Circle of Hell), but this offence has either been abolished or fallen into disuse.

This and other actions by Adani seem to have finally pushed the Labor Party off the fence. A minority (including the CFMMEU, its longtime enemy Joe Ludwig and Townsville local member Cathy O’Toole) have come out in support of Adani, but the majority correctly see Adani as an enemy to be resisted and defeated.

The right remedy here is political rather than (primarily) legal. Adani and AJ have declared war on the environment and anyone who wants to save it, and should expect no quarter in return. Hopefully, they will suffer the same fate as the most famous (until now) exponent of the SLAPP suit, Gunns in Tasmania and its chairman John Gay.

John Quiggin
He is an Australian economist, a Professor and an Australian Research Council Laureate Fellow at the University of Queensland, and a former member of the Board of the Climate Change Authority of the Australian Government.

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