The Environmental Defenders Office (EDO) has initiated an external review following critical remarks in a recent court case.  

The EDO is reportedly engaging Tony McAvoy SC, a renowned native title barrister and the first Indigenous senior counsel in Australia. 

This decision follows criticism from Federal Court Justice Natalie Charlesworth regarding the EDO's involvement in the Barossa pipeline case, specifically related to the cultural heritage claims of the Tiwi Islanders.

The case, which scrutinised Santos' $5.8 billion gas project in the Timor Sea, has come under the spotlight after Justice Charlesworth dismissed an injunction on grounds that the evidence presented by half of the Tiwi Islanders was contradictory and “made-up”. 

This decision cast a shadow over the EDO, prompting the need for a comprehensive review of its legal service provision, especially in court processes involving cultural heritage.

Reports say Mr McAvoy will be supported in his review by Chalk & Behrendt and Gilbert + Tobin, aiming to bolster the EDO's legal practices, particularly in working with First Nations clients and communities. 

This initiative is seen as part of the EDO's commitment to enhancing its service delivery, acknowledging the gravity of judicial comments on its lawyers' conduct.

EDO chair Dr Bronwyn Darlington has emphasised the proactive nature of the review, aimed at continuous improvement and service delivery enhancement without delving into the specifics of the Barossa case or the court's findings.

The review will also explore reforms to strengthen EDO's legal practices in cultural heritage court processes. 

The focus will be on best practice when working with First Nations clients and communities, ensuring the integrity of cultural heritage claims in legal proceedings.

The EDO is set to receive $8.2 million in federal funding over the next four years.