Lawyers, Gunns and Money: An Australian perspective on environmental campaigns and the economic torts

The general economic torts - inducing breach of contract, conspiracy (in both its lawful means and unlawful means forms), intimidation and causing loss by unlawful means - inhibit interference with economic interests. The Australian common law regarding these torts is at a surprisingly early stage of development and there remains a need to resolve ongoing debates about the nature of the "control mechanisms" which should be employed to stop them from being "unmanageably broad". This paper considers four potential ways forward for inhibiting the scope of the torts: adjusting the tests of intention and targeting; clarification and "tweaking" of notions of unlawful means; the expansion of justification defences; and statutory exemptions. The paper explores the application of the economic torts to the context of environmental activism.