Edwards & Ors v Santos Limited & Ors

The applicants, a group of individuals and entities, sought to bring a representative proceeding against Santos Limited and its related entities, alleging that Santos had engaged in misleading and deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) and the *Australian Consumer Law*. The dispute concerned representations made by Santos regarding the safety and environmental impact of its Narrabri gas project. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the applicants had established a sufficient common question of law or fact to justify the certification of the proceeding as a representative action under Part IVA of the *Federal Court of Australia Act 1976* (Cth). This involved determining whether the claims of the representative applicants were capable of giving rise to a cause of action and whether the proposed representative parties adequately represented the interests of the group members.

Justice Heydon considered the nature of the alleged misleading and deceptive conduct and the potential for individualised inquiries into reliance and causation for each group member. His Honour noted that while common questions of law and fact were present, the significant potential for individualised issues, particularly concerning reliance on the alleged representations and the assessment of damages, weighed against the certification of the proceeding as a representative action at that stage. The Court applied the principles governing representative proceedings, emphasising the need for a substantial common element and the avoidance of undue complexity arising from individualised claims.

The Court ultimately dismissed the application for certification of the proceeding as a representative action.