A Monash University expert is available to comment on the Australian federal court’s dismissal of a landmark climate case brought by two Torres Strait community leaders and the need for reform to address complex issues resulting from climate change.
Dr Ella Vines, Research Fellow Green Lab, Monash Business School
Contact details: +61 405 737 599 or Ella.Vines@monash.edu
Read more of Dr Vines’ commentary here: Monash Lens
- Climate change law
- Environmental law
- Corporate sustainability regulation
- Frameworks for net zero, nature-positive companies
The following can be attributed to Dr Vines:
“Pabai v Commonwealth of Australia is a landmark case that has drawn attention to the limitations of the law of negligence to safeguard the most vulnerable from the impacts of climate change.
“This outcome should serve as a wake-up call for the federal government to take stronger, more effective action to protect Torres Strait Islanders from climate change impacts. It also highlights the urgent need for law reform to ensure our legal system is equipped to address the complex and pressing challenges posed by climate change.
“The result is unsurprising, given the historical reluctance of Australian courts to find a duty of care to protect individuals from the impacts of climate change – as seen in the Sharma case. In this case, Justice Bromberg of the Federal Court found the Commonwealth Environment Minister owed a duty of care based in tort law to Australian children not to cause them harm from climate change, when deciding whether to approve the extension of Whitehaven’s Vickery coal mine. This decision suggested a potential new avenue for climate litigation under Australian tort law. However, in March 2022, the Full Federal Court overturned that finding. While the scientific evidence and the risks identified by Justice Bromberg were not contested, the Full Federal Court’s judgment emphasised that decisions on climate policy are the responsibility of the executive and legislature, rather than the judiciary through tort law. The Pabai decision aligns with this reasoning.
“The outcome highlights the need for innovative law reform to better protect victims of climate change. It strengthens the case for introducing federal human rights legislation, as well as laws that establish a clear duty of care to safeguard people from the impacts of climate change.”
