Australian Government Wins Landmark Climate Negligence Case by Torres Strait Islanders

The Australian government won a landmark climate lawsuit brought by Indigenous elders Pabai Pabai and Paul Kabai from the Torres Strait Islands, who accused the government of breaching its duty of care by failing to protect their islands from climate change impacts. The Federal Court dismissed the case, ruling that climate policy is a matter for parliament rather than the courts, and found no legal duty of care owed to the islands. Despite recognizing the severe effects of rising sea levels—about 6 cm per decade in the Torres Strait, far above the global average—and the threat to the islands’ unique Ailan Kastom culture and sacred sites, Justice Michael Wigney held that current negligence laws do not provide compensation for cultural loss caused by government policies. The plaintiffs expressed deep grief and heartbreak, emphasizing the existential threat of becoming climate refugees as rising tides wash away graves and fertile soils. The court also noted that Australia's past emissions targets had limited impact on global temperature rises, while the current government has set more ambitious goals to cut emissions by 40% by 2030 and achieve net zero by 2050. The Torres Strait Islands’ case highlights the challenges Indigenous communities face in seeking legal redress for climate change harms under existing laws.