Post by Grata Fund

The Full Federal Court has announced that it will hear the appeal in Uncle Pabai and Uncle Paul’s landmark climate case from 28–31 July in Naarm (Melbourne). In his decision last year, Justice Wigney found that the Torres Strait Islands, their people, and their culture are being “ravaged by human-induced climate change”, and that climate change poses “an existential threat to the whole of humanity”. He said that the Australian Government does not “currently” have a legal duty of care to protect Torres Strait people from climate harm and that it is not open to a “single judge of this Court to expand the Australian common law of negligence”. Now, in July, the appeal will be heard in front of three judges at the Full Federal Court. The expert legal team from Phi Finney McDonald and incredible counsel team led by Fiona McLeod AO SC and Sera Mirzabegian SC, will argue that the Judge made several errors in his decision and that the Commonwealth does owe a duty of care to Torres Strait Islanders in relation to climate change; the Commonwealth’s additional emissions are a legal cause of harm to Torres Strait Islanders; and cultural harm is compensable under Australian law. We are honoured to stand alongside Uncle Pabai and Uncle Paul as this case enters its next chapter. If you would like to show your support, join us outside the Federal Court in Melbourne on 28 July. Stay tuned for further updates and opportunities to get involved.

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