EnergyAustralia's greenwashing court battle heads to 2025 trial
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The news: EnergyAustralia's court battle to defend greenwashing allegations from climate activist group Parents for Climate has been scheduled for a two-week trial in May 2025.
The context: In a procedural hearing in Sydney on Wednesday, Federal Court of Australia Judge Michael Wigney also granted the energy company an extension for filing its defence in the case.
EnergyAustralia had sought more time to allow for updates to its website, which could be made as early as today.
Barrister Jerome Entwistle, who appeared before the court on behalf of Parents for Climate said that EnergyAustralia had sought more time to file its defence so the defence would be filed after planned updates to its website.
However, a spokesperson for EnergyAustralia told Capital Brief following the case management hearing that there was no link between the updates and the case.
The case is the first big test for corporate marketing of "carbon neutral" products in Australia. Climate advocacy group Parents for Climate has alleged EnergyAustralia's 'Go Neutral' product is misleading consumers because the company still relies on fossil fuel production.
Parents for Climate is being represented by Equity Generation Lawyers while EnergyAustralia has Ashurst in its corner.
The climate advocacy group alleges the company is "purporting to offset [greenhouse gas] emissions" in circumstances where fossil fuels are being used and "there is inherent uncertainty as to whether an equivalent amount of GHG emissions have in fact been avoided by the purchase of the avoidance credits".
EnergyAustralia is also facing a consumer lawsuit from the Australian Competition and Consumer Commission (ACCC), over allegations it breached the Electricity Retail Code between June and September 2022 by failing to provide consumers with clear information on "the lowest possible price" when sending price updates to customers.
The source: Federal Court
