The federal court has dismissed a significant lawsuit brought by two Torres Strait community leaders that claimed the Australian federal government failed to fulfill its duty of care to protect the Torres Strait Islands from climate change impacts. According to Justice Michael Wigney, while delivering the decision, the Torres Strait Islands are liable to face a grim future unless immediate action is addressed. The class action lawsuit, submitted in 2021, argued that the government legally obligated to safeguard Torres Strait Islander peoples and had breached this duty by neglecting to address damage in the Torres Strait connected to rising global temperatures.
Leading the case, Torres Strait community leaders Uncle Pabai Pabai and Uncle Paul Kabai from Boigu and Saibai Islands respectively, sought actions from the government to mitigate climate harm within their communities, including a reduction in greenhouse gas emissions at the rate recommended by climate scientists. The court held hearings in Melbourne and on-site in the Torres Strait in 2023, to observe firsthand the effects of climate change. In Saibai Island, structures were already being impacted by king tides, erosion affected the cemetery, and sea walls had been constructed. An illustration of Boigu Island from 2023 was included in the proceedings.
This case was inspired by the Urgenda climate case against the Dutch government, where citizens successfully argued that the government had a legal responsibility to mitigate dangerous climate change, leading the court to mandate the Dutch government to reduce greenhouse gas emissions immediately. Law firm Phi Finney McDonald represented Uncle Pabai, Uncle Paul, and their communities, with support from the Urgenda Foundation and Grata Fund, an organization that assists individuals in accessing legal recourse.
Source: https://www.theguardian.com/environment/2025/jul/15/torres-strait-island-landmark-climate-case-dismissed-federal-court
