Federal court dismisses landmark Torres Strait climate case but warns of ‘bleak future' without urgent action
In delivering the decision, however, Justice Michael Wigney noted: 'There could be little if any doubt that the Torres Strait Islands face a bleak future if urgent action is not taken.'
The class action, filed in 2021, argued the government had a legal duty of care towards Torres Strait Islander peoples and that it had breached this duty by failing to prevent or deal with damage in the Torres Strait linked to global heating.
The lead plaintiffs, Torres Strait community leaders Uncle Pabai Pabai and Uncle Paul Kabai from the islands of Boigu and Saibai, sought orders requiring the government to take steps to prevent climate harm to their communities, including by cutting greenhouse gas emissions at the pace climate scientists say is necessary.
Get Guardian Australia environment editor Adam Morton's Clear Air column as an email
Hearings in the case were held in 2023 in Melbourne and on-country in the Torres Strait to allow the court to tour the islands and view the existing impacts of climate change.
On Saibai Island, homes were already being inundated by king tides, the cemetery had been affected by erosion and sea walls had been built.
The legal challenge was modelled on the Urgenda climate case against the Dutch government, in which the Urgenda Foundation and 886 people took the Dutch government to court for not doing enough to prevent the climate crisis.
That case was the first in the world in which citizens established their government had a legal duty to prevent dangerous climate change and resulted in the court ordering the Dutch government to take immediate steps to cut greenhouse gas emissions.
Uncle Pabai, Uncle Paul and their communities were represented by law firm Phi Finney McDonald and their case is supported by the Urgenda Foundation and Grata Fund, a public interest organisation that helps individuals access the courts.
More details soon …
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
32 minutes ago
- Daily Mail
Anthony Albanese's message for Australians who criticise Welcome To Country
Prime Minister Anthony Albanese has spoken about the importance of Welcome to Country ceremonies after one was performed at the official opening of Parliament. The 48th parliament officially opened on Tuesday, marking Mr Albanese's second term as prime minister after his landslide election win, with Labor holding 94 of the 150 seats in the House of Representatives. The official procession filed into the Great Hall of Parliament House before a Welcome to Country and traditional dances were performed. Indigenous Elder Violet Sheridan welcomed the assembled politicians to Ngunnawal land. 'To walk on Ngunnawal country is to accept responsibilities. It is not just about being here. It is about caring for this land,' Ms Sheridan said. 'As part of this welcome I offer you spiritual protection and safe passage. May you all walk gently, listen and carry the spirit of this country with you. 'May your journey on Ngunnawal country be of understanding, respect and shared purpose. Guided by the values of care, connection and community.' Following the ceremony, Albanese reinforced the importance of Welcome to Country ceremonies, claiming it was a 'powerful way' to begin the new parliament. 'Like a lot of the more positive things about our nation, we shouldn't take it for granted,' Albanese said. 'This ceremony didn't take place until 2007 and was controversial in 2007. It is not controversial today. Nor should it be. 'It is a respectful way of us beginning our deliberations here in Canberra, which of course means meeting place. 'It is a reminder as well of why we all belong here together, that we are stronger together and we belong. 'Consider the beautiful set of contradictions that make up who we are. A youthful nation, yet one of the world's oldest democracies. An ancient continent but one that we share with the world's oldest continuous culture. 'What an extraordinary privilege, what a source of pride for all Australians. 'We have so many facets and they come together to make a unique whole. They come together here on the ground and they come together in the sky above us. 'Look up on a clear night when you are far from city lights and you will see the dark emu with the Southern Cross shining on its head. When you look at the Southern Cross, look at the star that twinkles most softly. 'It is the part of the Southern Cross that features on the Australian flag but not on the flag of New Zealand. 'Several years ago now the international astronomical union formally recognised the star as the name given to it by the Wardaman people in the NT. 'To the Wardaman it represents a red dilly bag filled with special songs of knowledge. It is an Australian star, a piece of ourselves reflected back at us from our great southern sky. 'It flies above us now on that giant flag pole at the top of this building. 'One more reminder that this country and this parliament is our great diversity of chapters coming together and the welcome to country lets us touch the very beginning of the story, our story, the Australian story.' 'Let us do it with the same sense of grace and courage that First Nations people show us with their leadership,' he said. Opposition Leader Sussan Ley urged MPs to let the Welcome to Country 'set the tone' for the next Parliament. 'As Australians, we share a story unlike any other, with an ancient culture, the oldest living in the world, rooted in land, language and story. A democratic inheritance brought from afar but grounded in Australian values,' she says. 'A modern nation shaped by people from every part of the world, united by the belief that this country gives you a fair go and a chance at a better life.'
Daily Mail
32 minutes ago
- Daily Mail
Aboriginal groups win MAJOR native title claim following decade-long court battle
Three groups of Indigenous peoples have been awarded exclusive rights to land in Victoria following a decade-long court battle -including the right to control access. The Federal Court on Friday recognised the First Peoples of the Millewa-Mallee, the Latji Latji, Ngintait and Nyeri Nyeri, as holding rights to land stretching from Victoria's northwest corner to the South Australian border. Exclusive native title means the three traditional owner groups have the right to control access to their Country under traditional law and customs. The Victorian-first landmark native title decision followed a 10-year legal battle. The determination covers thousands of square kilometres, including Mildura, and follows the Murray River, stretching south along the Calder Highway and west through the Murray-Sunset National Park. Several popular destinations are covered by the native title determination. Apex Park Sandbar, Kings Billabong Park and Murray-Sunset National Park, home to Victoria's famous pink lakes, are all on the list of landmarks covered by the overall native title claim. In passing down her decision, Justice Elizabeth Bennett recognised the 'resilience and determination' of the First Nations Peoples of Millewa-Mallee. Justice Bennett added the First Nations people had maintained their traditional laws and customs despite' dispossession and other atrocities'. 'Despite the dispossession and other atrocities inflicted upon the Native Title Holders and their predecessors, the Native Title Holders have maintained their traditional laws and customs and have under them a deep and enduring connection,' Justice Bennett said. 'It is appropriate to make the orders sought. In doing so, the Court recognises the resilience and determination of the First Peoples of the Millewa-Mallee Native Title Claim Group in reaching this milestone. 'Doing so is a testament to the strength of connection to Country that this determination reflects.' First Nations Legal & Research Services said the Millewa-Mallee First Nations Peoples had fought for the recognition of their native land rights since the 1990s. FNLRS added the decision was a 'historic outcome' which challenged long-held views that exclusive native title rights could not be recognised in Victoria. 'This historic outcome confirms that the State accepts the native title holders' right to control access to their Country under traditional law and custom,' FNLRS said in a statement. 'Thus challenging the long-held view that exclusive native title rights could not be recognised in Victoria.' 'As with other successful native title claims, the native title holders also have non-exclusive rights including the right to access the land, use its resources, and protect sites, objects and places of cultural and spiritual significance.' The Victorian-first landmark native title decision followed a 10-year legal battle over thousands of square kilometres in the state. FNLRS Senior Lawyer Stacey Little said the outcome was a 'testament' to the strength and persistence of the First Nations Peoples and proved their right to make decisions for Country. Nyeri Nyeri Elder Wendy Brabham said First Nations Peoples suffered through an 'onslaught of rejections' as they fought for their Native Title rights. Ms Brabham said Indigenous people had to bend their customs, laws, protocols and traditions to Australian law, which was a constant clash of views. She added her mother had fought for land rights since the 1970s and that the decision was a welcome change that helped honour the ancestors of the Indigenous people. 'I hope our future generations of all our family groups will build on today's decision to honour our Ancestors by strengthening, preserving and sharing our Culture,' Ms Brabham said. Shane Jones Senior, a Latji Latji man and the applicant for the peoples of the Millewa-Mallee, said he was proud of the result. 'Alongside all First Peoples of the Millewa-Mallee, including the Ngintait and Nyeri Nyeri peoples, we continue to live our culture,' he said. 'With native title, our present and future generations can continue the legacy of all our Elders and emerging Elders.' The decision sets a precedent that may support other native title holders and claim groups to seek this same form of recognition. The native title holders also have non-exclusive rights, including the right to access the land and use its resources, and to protect sites, objects and places of cultural and spiritual significance.
The Guardian
an hour ago
- The Guardian
Australia condemns Israel for ‘indefensible' Gaza deaths as it joins coalition of countries denouncing Israel
The thousands of civilian deaths in Gaza from Israel's bombing campaign are 'indefensible', minister Tony Burke has said, after Australia joined 27 other countries condemning Israel for denying humanitarian aid to Palestinians. The international statement – signed by Australia, the United Kingdom, France, Canada, New Zealand and Japan among others – warned 'the suffering of civilians in Gaza has reached new depths'. It expressed horror at the deaths of hundreds of people at aid distribution sites through Gaza, and demanded Israel comply with its obligations under international humanitarian law. 'The Israeli government's aid delivery model is dangerous, fuels instability and deprives Gazans of human dignity. We condemn the drip feeding of aid and the inhumane killing of civilians, including children, seeking to meet their most basic needs of water and food,' the statement said. Sign up for Guardian Australia's breaking news email 'It is horrifying that over 800 Palestinians have been killed while seeking aid. The Israeli Government's denial of essential humanitarian assistance to the civilian population is unacceptable.' The statement pleads for the end of the war in Gaza and calls for the immediate and unconditional release of Israeli hostages 'cruelly held captive by Hamas since 7 October 2023 [who] continue to suffer terribly'. Burke, Australia's home affairs minister, said Australia wanted to see the war stop. 'We've seen too many images of children being killed, of horrific slaughter, of churches being bombed. The images that we've seen have been pretty clear that so much of this is indefensible and – as that statement referred to – aid being drip-fed in,' he told the ABC on Tuesday. On Monday, Israel launched substantial air raids and a ground operation in Gaza, targeting Deir al-Balah, the main hub for humanitarian efforts in the devastated Palestinian territory, amid warnings of widening starvation. The latest assault began a day after the highest death toll in 21 months inflicted by the Israeli military on desperate Palestinians seeking food aid, with at least 85 killed in what has become a grim and almost daily slaughter. The UN food agency, the World Food Programme, said the majority of those killed on Sunday had gathered near the border fence with Israel in the hope of getting flour from a UN aid convoy when they were fired on by Israeli tanks and snipers. Burke said the federal government hopes 'something will break' the conflict in Gaza, voicing alarm over 'the increasing sight of people being killed on their way simply to get food and water'. 'None of this changes the fact that the hostages need to be released, of course that needs to happen,' he said. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'What we are watching on the other side of the world is indefensible. The hostages still need to be released, but the war needs to end.' On Monday afternoon, the Israeli foreign ministry rejected the joint statement, saying it was 'disconnected from reality'. 'The statement fails to focus the pressure on Hamas and fails to recognise Hamas's role and responsibility for the situation,' the ministry said. 'Hamas is the sole party responsible for the continuation of the war and the suffering on both sides. At these sensitive moments in the ongoing negotiations, it is better to avoid statements of this kind.' Federal parliament returns on Tuesday, with rallies and events to be held in Canberra calling on the government to do more to address the deteriorating humanitarian situation in Gaza. A coalition of aid groups including Amnesty International and Médecins Sans Frontières will hold a 24-hour vigil where speakers will read the names of more than 17,000 Palestinian children killed by Israeli forces in Gaza. The Greens senator David Shoebridge is also expected to table an open letter to Anthony Albanese from more than 2,500 healthcare workers from across Australia urging stronger action to address the humanitarian crisis. Responding to the international joint statement, Shoebridge wrote on X that it was ' a welcome, if extremely late, step'. Independent senator David Pocock wrote: 'While welcome, we need more than words from the international community to stop the killing of civilians in Gaza, especially those seeking aid.'
