15-07-2025
Federal court dismisses landmark Torres Strait climate case but warns of ‘bleak future' without urgent action
The federal court has dismissed a landmark case brought by two Torres Strait community leaders that argued the Australian federal government breached its duty of care to protect the Torres Strait Islands from climate change.
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.
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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 …
