Shock result in Torres Strait climate case
In 2021, two Torres Strait Islander men sued the federal government for what they said was a 'breach of duty of care' over their islands, which continue to be ravaged by rising sea levels and other climate change-related damages.
Uncle Paul Kabai and Uncle Pabai Pabai are elders on their respective home islands of Saibai and Boigu, both of which are under significant environmental stresses induced by man-made climate change. Paul Kabai and Pabai Pabai. Photo: Supplied Credit: News Corp Australia
Coastal erosion, erratic weather conditions, and rapid depletion of sea life populations are just some of the phenomena which, the pair said, the Government had a duty to protect the islands against.
In submissions to the court, Uncle Paul Kabai said the people of the Torres Strait were nothing without their island homes.
'We won't have our culture … if Sabai goes under water, we lose everything. Our culture, our identity, our livelihood. It will all be gone,' he said.
Uncle Pabai Pabai echoed this sentiment in his own submission.
'If Boigu was gone, or I had to leave it because it was under water, I will be nothing. I will have nothing … I will become nobody.' Paul Kabai (L) and Pabai Pabai (R) began their legal battle in 2021. Brendan Radke Credit: News Corp Australia
Handing down his judgement on Tuesday afternoon, Justice Michael Andrew Wigney said he accepted 'many of the factual allegations' upon which the case was based.
'I've accepted the scientific evidence … concerning the devastating impacts that human-induced climate change has had, and continues to have, on the Torres Strait Islands and on the traditional inhabitants … their culture and way of life,' Justice Wigney said.
'Severe erosion, the salination of wetlands and previously arable land, the degradation of fragile ecosystems … has become more frequent and more severe in recent times,' he said.
'There is a very real risk that the worst fears of the applicants will be realised.'
Despite his sympathy towards the plight of the Torres Strait Islands and their people, Justice Wigney ultimately ruled in favour of the Commonwealth, bringing the four-year journey of Uncles Kabai and Pabai to a muted conclusion. Saibai island is nestled underneath Papua New Guinea, and sits just 4km off the New Guinea coastline, and is considered to be a part of Queensland. The northern tip of Queensland extends from the bottom of the image. Google Maps Credit: News Corp Australia
He found the Commonwealth 'did not, and does not owe Torres Strait Islanders the duty of care alleged by the applicants'.
'The reasonableness of decisions of this nature are … to be decided through political processes, not by judges.'
In his closing remarks, Justice Wigney said his judgement, though not in favour of the applicants, was 'not intended to be a criticism of the applicants or their case or their legal advisers'.
'The reality is that the law in Australia, as it currently stands, provides no real or effective legal avenue through which individuals and communities … can claim damages or other relief,' he said.
'That will remain the case unless, and until, the law in Australia changes … until then, the only real avenue available to those in the position of the applicants … involves public advocacy and protest.'
Energy Minister Chris Bowen said people in the Torres Strait were 'already feeeling the impacts' of climate change.
He added the government was in the final stages of a plan which would 'help all communities understand climate risk and build a more resilient country for all Australians'.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Advertiser
an hour ago
- The Advertiser
Australian, Chinese business leaders seek common ground
Australian and Chinese CEOs are pushing for increased mutual recognition of qualifications and the development of smart agriculture technology. A roundtable of 28 business leaders - 14 from each country - has also called for more work on green steel and regular meetings between education ministers, in a report provided to the nations' leaders. The high-powered gathering in Beijing on Tuesday comes after Prime Minister Anthony Albanese met China's top leaders in the centrepiece of his six-day sojourn to the Middle Kingdom. Mr Albanese's visit has focused on growing economic engagement between the two nations despite concerns over Chinese economic coercion. In his meeting with President Xi Jinping, neither side brought up Australia's plan to tear up a Chinese-owned company's lease of Darwin Port, nor stringent restrictions on Chinese foreign investment in Australia. An article by a Chinese state media-linked influencer published ahead of the meeting suggested Beijing could restrict Australian imports, including iron ore trade valued at more than $100 billion, in response. Business Council of Australia chief executive Bran Black said business leaders should continue to pursue diversification as an "inherent good in and of itself" as well as increasing links with China. "We want to see more trade, more Australian jobs, and a real future for Australian products in China - from decarbonisation of steel, to beef and rice products - and that was reflected in our discussion here in Beijing," he said. "One in four Australian jobs is trade dependent and so it is vital we increase trade opportunities with all our trading partners, including China." Australia's economic reliance on China was exposed during the COVID-19 pandemic, when Beijing imposed restrictions across $20 billion worth of key exports over political grievances with Canberra. At the time, Australia pursued a policy of trade diversification, successfully making up much of the shortfall with increased exports to countries such as Japan, South Korea and India. But since a thaw in relations following Mr Albanese's election in 2022, trade between Australia and China has rebounded. "So from our perspective, we say let's try and have the best possible relationship that we can with China. Let's try and make sure that we can establish trade opportunities that help jobs and businesses back home," Mr Black told reporters in Beijing. "But let's also concentrate on the engagements that we have overseas with countries like the United Arab Emirates, countries like India, countries like those in Southeast Asia." As well as greater collaboration on education and agriculture, the business communique pushed more work in healthcare, resources, and the green economy. Australian and Chinese CEOs are pushing for increased mutual recognition of qualifications and the development of smart agriculture technology. A roundtable of 28 business leaders - 14 from each country - has also called for more work on green steel and regular meetings between education ministers, in a report provided to the nations' leaders. The high-powered gathering in Beijing on Tuesday comes after Prime Minister Anthony Albanese met China's top leaders in the centrepiece of his six-day sojourn to the Middle Kingdom. Mr Albanese's visit has focused on growing economic engagement between the two nations despite concerns over Chinese economic coercion. In his meeting with President Xi Jinping, neither side brought up Australia's plan to tear up a Chinese-owned company's lease of Darwin Port, nor stringent restrictions on Chinese foreign investment in Australia. An article by a Chinese state media-linked influencer published ahead of the meeting suggested Beijing could restrict Australian imports, including iron ore trade valued at more than $100 billion, in response. Business Council of Australia chief executive Bran Black said business leaders should continue to pursue diversification as an "inherent good in and of itself" as well as increasing links with China. "We want to see more trade, more Australian jobs, and a real future for Australian products in China - from decarbonisation of steel, to beef and rice products - and that was reflected in our discussion here in Beijing," he said. "One in four Australian jobs is trade dependent and so it is vital we increase trade opportunities with all our trading partners, including China." Australia's economic reliance on China was exposed during the COVID-19 pandemic, when Beijing imposed restrictions across $20 billion worth of key exports over political grievances with Canberra. At the time, Australia pursued a policy of trade diversification, successfully making up much of the shortfall with increased exports to countries such as Japan, South Korea and India. But since a thaw in relations following Mr Albanese's election in 2022, trade between Australia and China has rebounded. "So from our perspective, we say let's try and have the best possible relationship that we can with China. Let's try and make sure that we can establish trade opportunities that help jobs and businesses back home," Mr Black told reporters in Beijing. "But let's also concentrate on the engagements that we have overseas with countries like the United Arab Emirates, countries like India, countries like those in Southeast Asia." As well as greater collaboration on education and agriculture, the business communique pushed more work in healthcare, resources, and the green economy. Australian and Chinese CEOs are pushing for increased mutual recognition of qualifications and the development of smart agriculture technology. A roundtable of 28 business leaders - 14 from each country - has also called for more work on green steel and regular meetings between education ministers, in a report provided to the nations' leaders. The high-powered gathering in Beijing on Tuesday comes after Prime Minister Anthony Albanese met China's top leaders in the centrepiece of his six-day sojourn to the Middle Kingdom. Mr Albanese's visit has focused on growing economic engagement between the two nations despite concerns over Chinese economic coercion. In his meeting with President Xi Jinping, neither side brought up Australia's plan to tear up a Chinese-owned company's lease of Darwin Port, nor stringent restrictions on Chinese foreign investment in Australia. An article by a Chinese state media-linked influencer published ahead of the meeting suggested Beijing could restrict Australian imports, including iron ore trade valued at more than $100 billion, in response. Business Council of Australia chief executive Bran Black said business leaders should continue to pursue diversification as an "inherent good in and of itself" as well as increasing links with China. "We want to see more trade, more Australian jobs, and a real future for Australian products in China - from decarbonisation of steel, to beef and rice products - and that was reflected in our discussion here in Beijing," he said. "One in four Australian jobs is trade dependent and so it is vital we increase trade opportunities with all our trading partners, including China." Australia's economic reliance on China was exposed during the COVID-19 pandemic, when Beijing imposed restrictions across $20 billion worth of key exports over political grievances with Canberra. At the time, Australia pursued a policy of trade diversification, successfully making up much of the shortfall with increased exports to countries such as Japan, South Korea and India. But since a thaw in relations following Mr Albanese's election in 2022, trade between Australia and China has rebounded. "So from our perspective, we say let's try and have the best possible relationship that we can with China. Let's try and make sure that we can establish trade opportunities that help jobs and businesses back home," Mr Black told reporters in Beijing. "But let's also concentrate on the engagements that we have overseas with countries like the United Arab Emirates, countries like India, countries like those in Southeast Asia." As well as greater collaboration on education and agriculture, the business communique pushed more work in healthcare, resources, and the green economy. Australian and Chinese CEOs are pushing for increased mutual recognition of qualifications and the development of smart agriculture technology. A roundtable of 28 business leaders - 14 from each country - has also called for more work on green steel and regular meetings between education ministers, in a report provided to the nations' leaders. The high-powered gathering in Beijing on Tuesday comes after Prime Minister Anthony Albanese met China's top leaders in the centrepiece of his six-day sojourn to the Middle Kingdom. Mr Albanese's visit has focused on growing economic engagement between the two nations despite concerns over Chinese economic coercion. In his meeting with President Xi Jinping, neither side brought up Australia's plan to tear up a Chinese-owned company's lease of Darwin Port, nor stringent restrictions on Chinese foreign investment in Australia. An article by a Chinese state media-linked influencer published ahead of the meeting suggested Beijing could restrict Australian imports, including iron ore trade valued at more than $100 billion, in response. Business Council of Australia chief executive Bran Black said business leaders should continue to pursue diversification as an "inherent good in and of itself" as well as increasing links with China. "We want to see more trade, more Australian jobs, and a real future for Australian products in China - from decarbonisation of steel, to beef and rice products - and that was reflected in our discussion here in Beijing," he said. "One in four Australian jobs is trade dependent and so it is vital we increase trade opportunities with all our trading partners, including China." Australia's economic reliance on China was exposed during the COVID-19 pandemic, when Beijing imposed restrictions across $20 billion worth of key exports over political grievances with Canberra. At the time, Australia pursued a policy of trade diversification, successfully making up much of the shortfall with increased exports to countries such as Japan, South Korea and India. But since a thaw in relations following Mr Albanese's election in 2022, trade between Australia and China has rebounded. "So from our perspective, we say let's try and have the best possible relationship that we can with China. Let's try and make sure that we can establish trade opportunities that help jobs and businesses back home," Mr Black told reporters in Beijing. "But let's also concentrate on the engagements that we have overseas with countries like the United Arab Emirates, countries like India, countries like those in Southeast Asia." As well as greater collaboration on education and agriculture, the business communique pushed more work in healthcare, resources, and the green economy.
Perth Now
an hour ago
- Perth Now
Surprise winner in Albo's China trip
Anthony Albanese has committed to reviewing Australia's free-trade agreement with China as part of a suite of pacts signed on his trade-touting state visit to the country. The Prime Minister signed six memorandums of understanding (MoUs) with Chinese counterpart Li Qian after talks in the Great Hall of the People in central Beijing. The MoUs also included a commitment from China to import apples from mainland Australia and co-operation on tourism – a key part of Mr Albanese's mission. Before signing the deals, the Chinese Premier praised his Australian guest for 'personal efforts' to stabilise the Australia-China relationship. 'China-Australia relations have moved beyond a low point and returned to the right track of stability and development,' Mr Li said. 'Our pragmatic co-operation is brimming with renewed vitality and bringing real benefits to our two peoples.' He went on to say Mr Albanese's visit at the start of his second term would give 'new momentum' for China and Australia to deepen co-operation against a backdrop of global uncertainty, adding that 'a lot has happened in the world' since the pair last met in October. Prime Minister Anthony Albanese last met with Chinese Premier Li Qiang on the sidelines of the ASEAN-Japan Summit in Laos last year. PMO Credit: Supplied 'The world economy sees growing instability and uncertainty,' Mr Li said. 'The development of all countries is faced with new challenges, given such circumstances, China and Australia as important trade partners, should strengthen dialogue and co-operation. 'The significance of us doing so is becoming more notable.' His comments echoed remarks made by Xi Jinping, who met with Mr Albanese just hours earlier. Anthony Albanese also with Chinese President Xi Jinping in Beijing on Tuesday. Source - PMO Credit: Supplied Mr Li said Mr Albanese and the Chinese President 'reached important common understandings on deepening China Australia relations'. 'China would like to continue to work with Australia for more outcomes in co-operation across the board, to deliver more benefits to our two peoples,' he said. 'I would like to exchange views with you on issues of common interest in an in depth and candid manner.'
Sky News AU
2 hours ago
- Sky News AU
Federal court rules against Commonwealth duty of care claim over climate change impacts for Torres Strait Islanders
The Federal Court has issued a ruling against a landmark claim the Commonwealth has failed Torres Strait Islanders in its duty of care regarding 'human-induced climate change' affecting the islands. Justice Michael Wigney's decision on Tuesday found the applicants - Guda Maluyligal nation men Pabai Pabai and Guy Paul Kabai – had not been successful in producing a case of negligence against the Commonwealth. Mr Pabai and Mr Kabai asserted that the Commonwealth had responded inadequately and had fallen short in protecting Torres Strait Islanders from the impacts of climate change, claiming it had breached an owed duty of care. In the decision's summary, Judge Wigney said though he accepted many 'factual allegations' put forward by the men, current Australian law did not allow a 'real or effective avenue' for them to pursue their claims. His decision stated there is 'no doubt' the Torres Strait Islands have been and are being 'ravaged by the impacts of human-induced climate change'. 'The islands themselves have been, and continue to be, eroded and inundated by rising seas and increasingly severe extreme sea level and weather events,' the judgment said. Judge Wigney also found that previous governments' efforts to reduce climate change and its impacts had been lacking. 'When the Commonwealth identified and set Australia's greenhouse gas emissions reduction targets in 2015, 2020 and 2021, it failed to engage with or give any real or genuine consideration to what the best available science indicated was required for Australia to play its part in the global effort to moderate or reduce climate change and its impacts,' the decision said. Mr Pabai and Mr Kabai lack of success in their case was not due to their arguments having no merit, the judge added. 'Rather, it failed because the law in Australia as it currently stands provides no real or effective avenue through which the applicants were able to pursue their claims,' the decision said. 'In particular, the common law of negligence in Australia was an unsuitable legal vehicle through which the applicants could obtain relief in respect of the type of governmental action or inaction which was in issue in this case, or relief in respect of their loss of fulfilment of Ailan Kastom.' The judge ordered Mr Pabai and Mr Kabai and the Commonwealth provide the court with either an agreed draft orders or supply their own differing draft orders regarding the judgement to the court within the next six weeks.
