Climate Duty of Care Case Heads to Appeal
Synopsis
Australia's Full Federal Court will hear a landmark appeal over the government's legal responsibility for climate impacts.
The Torres Strait Islanders climate duty of care appeal Federal Court case was heard in the Full Federal Court in Melbourne, where the court will consider whether the Australian Commonwealth can be held responsible for climate-related cultural loss under the tort of negligence.
The appeal by the traditional owners of the Torres Strait Islands comes in response to a ruling in July 2025 that rejected their lawsuit for legal recognition of the effects of climate change on their communities and cultural practices.
The case was presented by Uncle Pabai Pabai of Saibai Island and Uncle Paul Pabai of Boigu Island, two small islands in Torres Strait which are under growing threat from sea-level rise, coastal erosion and tidal inundation.
Chief Justice Debbie Mortimer, Justice Craig Colvin and Justice Nicholas Owens are hearing their appeal over four days in Melbourne.
Appeal Revisits Negligence Law
The appeal argues that Justice Michael Wigney's July 2025 ruling held that climate change was a serious threat to the Torres Strait, but that there was no current Australian duty of care for the Commonwealth to have a general duty to protect the Torres Strait.
Justice Wigney said that imposing such a duty would be a radical departure from the common law and should be decided by appellate courts or by Parliament, not by just one trial court judge.
A central issue before the Full Federal Court is whether ‘loss of custom’ can be recognised as a compensable category of damage. The appellants state that the harm to cultural practices and traditional knowledge and connection to Country should be taken into account in addition to legally well recognised harms.
Part of a Broader Climate Litigation Trend
Climate litigation has grown rapidly and this case is being keenly watched both in Australia and overseas by the legal and business communities.
The UN Environment Programme's global report on climate litigation, Global Climate Litigation Report 2025, co-developed with Columbia University’s Sabin Centre for Climate Change Law, has documented over 3,000 climate-related court cases in 55 national jurisdictions and 24 international/regional courts and tribunals globally as of June 30, 2025.
The US accounts for the majority of climate litigation cases worldwide, however the report has revealed that Australia is ranked second after the US as a jurisdiction for climate litigation.
In recent years, a number of cases across various jurisdictions have examined the extent of the duty imposed upon governments, business, and regulators to act on the basis of climate risks.
The Full Federal Court will make an important determination about the capacity for negligence claims to proceed in relation to a climate duty of care, while also shed light on the developing corpus of Australian court decisions regarding claims for climate change impacts and the extent of government liability based on existing legal principles.
Source: Capital Brief
Pooja Malik is a business journalist with over six years of experience covering startups, entrepreneurship, and emerging trends. She has previously worked with leading media platforms such as YourStory Media and BW BusinessWorld, where she reported on business, policy, and market developments. Currently, she serves as Editor at The Inspirepreneur Magazine, where she writes and edits stories across business, lifestyle, and travel, with a focus on clarity, accuracy, and reader relevance.
You Might Also Like
AI robotics firm Sereact raises $110M for industrial automation push
Australian Dollar: Why It Falls, What It Means for Your Business
