Overview

• The Federal Court found in the 2021 class action that Australian negligence law does not impose a duty of care on government decisions about greenhouse gas targets or adaptation measures
• Justice Michael Wigney accepted extensive scientific testimony on erosion, salination, storm surges and threats to ancestral sites on Boigu and Saibai islands
• The judgment held that setting emissions reductions and funding climate adaptation are core policy matters for Parliament, not matters for judicial enforcement
• Plaintiffs Uncles Paul Kabai and Pabai Pabai have invited the prime minister to witness on-island impacts firsthand and are weighing an appeal while ramping up public advocacy
• Legal experts and community leaders say the ruling exposes a gap in Australian law for climate accountability and underscores the need for legislative or common law reforms