PLEA Network

15 July 2025, The Conversation: Federal Court rules Australian government doesn’t have a duty of care to protect Torres Strait Islanders from climate change. The Federal Court has handed down its long-awaited judgement in a four-year climate case brought by Torres Strait Islanders. Elders Uncle Pabai Pabai and Uncle Paul Kabai took the Australian government to court on behalf of their community, arguing the government has a duty of care to protect them from climate change. They also asked the court to legally recognise the cultural loss and harm they are experiencing from sea-level rise and climate-induced flooding. But the court declined to recognise either duty or to legally recognise cultural harm. Many climate justice advocates hoped today’s decision would be the climate equivalent of the famous Mabo decision, which recognised native title. There are many parallels. At stake was the legal recognition of the harms and loss of connection to Country that Australia’s First Peoples are experiencing through government inaction on climate change…What the Federal Court said Justice Michael Wigney’s judgement emphasised the existential threat of climate change. It noted Torres Strait Islanders are particularly vulnerable to climate impacts and face a “bleak future” unless urgent action is taken. But it accepted the government’s argument that setting emissions reductions targets, and allocating funding for protective infrastructure, involves “policy” considerations a court can’t review. Read more here