Help fund a landmark High Court challenge!
Last month, the Federal Court handed down a ruling that created a blueprint for corporate impunity. It makes Australia's corporate whistleblower scheme essentially unworkable.
We have a chance to help reverse it in the High Court of Australia and ensure those who see wrongdoing at work can speak up safely.
But we need to raise $10,000 to file the application – and the deadline is this week.
Will you chip in to help fund a special leave application to the High Court?
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Christian Reiche was a senior executive at battery technology company Neometals when he raised serious governance concerns through internal channels the law protects. He was then made redundant. When he challenged it in court under corporate whistleblower protections, he lost.
The ruling that followed handed employers a new legal formula: claim, in hindsight, that you didn't believe a disclosure was blowing the whistle – and the law can't touch you. It will make it easier to bury an oil spill, hide corporate fraud, or cover up abuse in an aged care facility. Management just has to say they didn't think it counted, and walk away clean.
Under Australia's corporate whistleblower laws, not one whistleblower has ever successfully claimed compensation. Not one. This ruling makes that even less likely.
There are two ways to close this loophole: parliament acts, or the High Court corrects it. The government has been reviewing these very laws for years and done essentially nothing. Strategic litigation is now one of the only avenues left to protect whistleblowers at work right now.
Whistleblower Justice Fund identified this case early as one worth backing. We committed $5,000 for expert counsel advice and we think we've got a genuine shot at overturning this decision. This is exactly the kind of case the High Court should hear. Christian has already secured a team of senior barristers – including a High Court specialist – who have agreed to take the case at well below their standard rates.
The $10,000 we need covers the cost of filing a special leave application – a formal request for the High Court to hear the case. If we secure that leave, Christian has a strong chance of securing funding for the full High Court challenge from there.
A successful challenge wouldn't just overturn this ruling — it would land right when the government is deciding what to do next on whistleblower reform. We could force their hand.
As long as corporate whistleblower laws remain broken, we must use every avenue available to protect the people who speak up.
Can you chip in to help fund this landmark High Court application?