July 23
Three defenders involved in an anti-gas protest action have defeated energy giant Woodside, after it took the trio to the Supreme Court of Western Australia last week.
The Woodside three, Joana Partyka and Emil Davey, represented by Climate Defenders Australia, and Kirsten Morrissey, represented by McNally & Co Litigation, faced civil action over the 2023 protest where Ms Morrissey let off stench gas at Perth’s Woodside offices building. The protest was directed at the company’s gas expansion plans for the Burrup Hub, which would impact cultural heritage while producing 6 billion tonnes of climate pollution.
The defenders had avoided jail time after pleading guilty to criminal charges in a WA District Court last year, but Woodside indicated their intention to pursue civil action against them for alleged losses associated with the crimes for which they have already been punished.
Before commencing civil action for conspiracy, Woodside sought orders for “preliminary discovery” and had asked the WA Supreme Court to force the defenders to release information that could identify other people involved in the stunt. This is despite the full criminal investigation that has already taken place some years ago.
On 23 July 2026, Justice Howard dismissed Woodside’s claim. In the judgment, he said:
At paragraph [50]: “The plaintiffs have clearly devoted very considerable resources to their application. That is evidently the case from the volume of affidavit material put before the Court; the written submissions filed (including reply submissions); and the briefing of senior counsel. Notwithstanding that, the evidence put before the Court does not give rise to the necessary appearance of another person or persons being involved in the Incident”
At paragraph [61]: “Separately, from the material put before the Court, there did appear to be a tendency on the part of the plaintiffs to conflate the Incident with the broader activities of the Disrupt Burrup Hub group…”
At paragraph [63]: “The apparent conflation in places may lead to an inference that this application is part of Woodside's broader response to discourage protests against its Projects.”
Quotes attributable to Julia Grix, Executive Director, Climate Defenders Australia
“We are proud to have defended Jo and Emil against these cases brought by Woodside. These David and Goliath-like battles are precisely what our firm was set up to do.
“It is disappointing that Woodside continued to pursue these matters, even though there had already been a full police investigation and the criminal cases were finalised over a year ago. Our clients’ position was vindicated by today’s outcome.
“We are ready to meet whatever comes next if Woodside continues to pursue legal processes to further punish our clients. But we hope that after today our clients will be left alone by Woodside.
“This case should be a warning to powerful actors and corporations that the law should not be used to intimidate climate defenders.”
Last week, Greenpeace called the ongoing litigation a SLAPP suit - Strategic Lawsuit Against Public Participation - a legal tactic used by powerful entities to silence critics by burdening them with the high costs of legal defence.
MEDIA CONTACT: Climate Defenders Australia Legal Director Josh Pallas | 0458 605 281 | [email protected]
Background
- On 1 June 2023, environmental defenders Kristen Morrissey, Joana Partyka and Emil Davey, carried out an action at Woodside Energy’s corporate headquarters in Perth. Ms Morrissey released stench gas in the office lobby, causing the building to be evacuated.
- A full police investigation was conducted, and each individual was criminally charged and convicted for their involvement in the incident.
- On 2 July 2025, the District Court of Western Australia sentenced all three as co-accused after they entered pleas of guilty to the charges against them. Ms Partyka and Mr Davey each pled guilty to a single offence.
- Ms Morrissey and Ms Partyka received suspended sentences of imprisonment and Mr Davey received a community-based order.
- In July 2023, Woodside wrote to the three defenders seeking any documents that identify or contain a description of other persons involved in the planning, preparation or execution of the incident. Woodside threatened civil proceedings against them if they did not comply with Woodside’s request.
- On 21 December 2023, Woodside commenced civil action against the defenders in the Supreme Court of WA, seeking preliminary discovery against each of them.
- The civil actions were paused while the criminal proceedings were on foot.
- Over a year after the criminal cases finished, the preliminary discovery application was heard on 16 July 2026 at the Supreme Court of Western Australia in Perth before Justice Matthew Howard.
- If the Court grants Woodside’s discovery application, the defenders would be ordered to provide Woodside with the information in their July 2023 request, including any documents containing the information sought.
- Woodside’s lawyers have indicated the discovery application is intended to inform Woodside of any other person involved in the incident so that it may commence civil litigation against everyone involved for ‘unlawful means conspiracy’.
- Unlawful means conspiracy involves: (1) two or more people making an agreement to engage in unlawful conduct (2) the purpose of the conduct is to injure the plaintiff, (3) the agreement being carried out and the unlawful acts being committed, and (4) the unlawful acts causing damage to the plaintiff.
Contact details:
Climate Defenders Australia Legal Director Josh Pallas | 0458 605 281 | [email protected]