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Federal court rules against Commonwealth duty of care claim over climate change impacts for Torres Strait Islanders
Federal court rules against Commonwealth duty of care claim over climate change impacts for Torres Strait Islanders

Sky News AU

time2 days ago

  • Politics
  • 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.

Landmark case to test duty to future climate refugees
Landmark case to test duty to future climate refugees

The Advertiser

time3 days ago

  • Politics
  • The Advertiser

Landmark case to test duty to future climate refugees

A court will decide whether the federal government has a duty of care to protect First Nations people whose homes and communities are being threatened by the impacts of climate change. At risk of becoming Australia's first climate refugees, Uncle Paul Kabai and Uncle Pabai Pabai filed the landmark case against the government in the Federal Court in 2021. They claim it failed to protect their homelands among the Torres Strait Islands from climate change. The uncles are seeking orders from the court that would require the government to take steps to prevent harm to their communities, including cutting greenhouse gas emissions in line with the best available science. The court, which is due to hand down its decision on Tuesday, heard evidence communities on Boigu and Saibai could have less than 30 years left before their islands become uninhabitable. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. "The main reason me and Uncle Pabai put our hands up is Saibai and Boigu are the low-lying islands," Mr Kabai told AAP. "They're only two or three metres above sea level and during monsoon season these two islands they're flooded." But the case is not only about the islands of Saibai and Boigu. Mr Kabai said the decision could have impacts for the wider Torres Strait and communities affected by climate disasters such as flooding and bushfires on the mainland as well. It has been a long journey for the uncles and their supporters, and Mr Kabai has mixed feelings as they approach a decision. "Some of the people who have been working with us, they have passed, so that will be emotional," he said. "But I'm looking forward to it, if we can get a better outcome. Doesn't matter win or lose, we can have an answer." A court will decide whether the federal government has a duty of care to protect First Nations people whose homes and communities are being threatened by the impacts of climate change. At risk of becoming Australia's first climate refugees, Uncle Paul Kabai and Uncle Pabai Pabai filed the landmark case against the government in the Federal Court in 2021. They claim it failed to protect their homelands among the Torres Strait Islands from climate change. The uncles are seeking orders from the court that would require the government to take steps to prevent harm to their communities, including cutting greenhouse gas emissions in line with the best available science. The court, which is due to hand down its decision on Tuesday, heard evidence communities on Boigu and Saibai could have less than 30 years left before their islands become uninhabitable. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. "The main reason me and Uncle Pabai put our hands up is Saibai and Boigu are the low-lying islands," Mr Kabai told AAP. "They're only two or three metres above sea level and during monsoon season these two islands they're flooded." But the case is not only about the islands of Saibai and Boigu. Mr Kabai said the decision could have impacts for the wider Torres Strait and communities affected by climate disasters such as flooding and bushfires on the mainland as well. It has been a long journey for the uncles and their supporters, and Mr Kabai has mixed feelings as they approach a decision. "Some of the people who have been working with us, they have passed, so that will be emotional," he said. "But I'm looking forward to it, if we can get a better outcome. Doesn't matter win or lose, we can have an answer." A court will decide whether the federal government has a duty of care to protect First Nations people whose homes and communities are being threatened by the impacts of climate change. At risk of becoming Australia's first climate refugees, Uncle Paul Kabai and Uncle Pabai Pabai filed the landmark case against the government in the Federal Court in 2021. They claim it failed to protect their homelands among the Torres Strait Islands from climate change. The uncles are seeking orders from the court that would require the government to take steps to prevent harm to their communities, including cutting greenhouse gas emissions in line with the best available science. The court, which is due to hand down its decision on Tuesday, heard evidence communities on Boigu and Saibai could have less than 30 years left before their islands become uninhabitable. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. "The main reason me and Uncle Pabai put our hands up is Saibai and Boigu are the low-lying islands," Mr Kabai told AAP. "They're only two or three metres above sea level and during monsoon season these two islands they're flooded." But the case is not only about the islands of Saibai and Boigu. Mr Kabai said the decision could have impacts for the wider Torres Strait and communities affected by climate disasters such as flooding and bushfires on the mainland as well. It has been a long journey for the uncles and their supporters, and Mr Kabai has mixed feelings as they approach a decision. "Some of the people who have been working with us, they have passed, so that will be emotional," he said. "But I'm looking forward to it, if we can get a better outcome. Doesn't matter win or lose, we can have an answer." A court will decide whether the federal government has a duty of care to protect First Nations people whose homes and communities are being threatened by the impacts of climate change. At risk of becoming Australia's first climate refugees, Uncle Paul Kabai and Uncle Pabai Pabai filed the landmark case against the government in the Federal Court in 2021. They claim it failed to protect their homelands among the Torres Strait Islands from climate change. The uncles are seeking orders from the court that would require the government to take steps to prevent harm to their communities, including cutting greenhouse gas emissions in line with the best available science. The court, which is due to hand down its decision on Tuesday, heard evidence communities on Boigu and Saibai could have less than 30 years left before their islands become uninhabitable. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. "The main reason me and Uncle Pabai put our hands up is Saibai and Boigu are the low-lying islands," Mr Kabai told AAP. "They're only two or three metres above sea level and during monsoon season these two islands they're flooded." But the case is not only about the islands of Saibai and Boigu. Mr Kabai said the decision could have impacts for the wider Torres Strait and communities affected by climate disasters such as flooding and bushfires on the mainland as well. It has been a long journey for the uncles and their supporters, and Mr Kabai has mixed feelings as they approach a decision. "Some of the people who have been working with us, they have passed, so that will be emotional," he said. "But I'm looking forward to it, if we can get a better outcome. Doesn't matter win or lose, we can have an answer."

Landmark case to test duty to future climate refugees
Landmark case to test duty to future climate refugees

Perth Now

time3 days ago

  • Politics
  • Perth Now

Landmark case to test duty to future climate refugees

A court will decide whether the federal government has a duty of care to protect First Nations people whose homes and communities are being threatened by the impacts of climate change. At risk of becoming Australia's first climate refugees, Uncle Paul Kabai and Uncle Pabai Pabai filed the landmark case against the government in the Federal Court in 2021. They claim it failed to protect their homelands among the Torres Strait Islands from climate change. The uncles are seeking orders from the court that would require the government to take steps to prevent harm to their communities, including cutting greenhouse gas emissions in line with the best available science. The court, which is due to hand down its decision on Tuesday, heard evidence communities on Boigu and Saibai could have less than 30 years left before their islands become uninhabitable. The Commonwealth has argued it is not legally required to consider the best available science or the impacts of climate change when setting emissions reduction targets. "The main reason me and Uncle Pabai put our hands up is Saibai and Boigu are the low-lying islands," Mr Kabai told AAP. "They're only two or three metres above sea level and during monsoon season these two islands they're flooded." But the case is not only about the islands of Saibai and Boigu. Mr Kabai said the decision could have impacts for the wider Torres Strait and communities affected by climate disasters such as flooding and bushfires on the mainland as well. It has been a long journey for the uncles and their supporters, and Mr Kabai has mixed feelings as they approach a decision. "Some of the people who have been working with us, they have passed, so that will be emotional," he said. "But I'm looking forward to it, if we can get a better outcome. Doesn't matter win or lose, we can have an answer."

Retired Armyman inspires youth, earns good money through fish farming in Saharsa
Retired Armyman inspires youth, earns good money through fish farming in Saharsa

Hans India

time22-04-2025

  • General
  • Hans India

Retired Armyman inspires youth, earns good money through fish farming in Saharsa

Saharsa (Bihar): Life after the Army took a transformative turn for Vikas Kumar Mishra, a retired soldier from Saharsa, who is now scripting a remarkable success story in fish farming. With an annual income exceeding Rs 5 lakh, Mishra has become an inspiration for countless youths in Bihar seeking self-reliance through agriculture. A resident of Ward 24 under Saharsa Municipal Corporation, Mishra served the Indian Army with distinction for 17 years, enlisting in 2001 and retiring in 2018. Post-retirement, he decided to return to his roots—his ancestral land—and began cultivating not just crops, but hope. Motivated by memories of his late father, a teacher who also farmed after retirement, Mishra turned their family land into a thriving centre of agricultural innovation. He utilised the Jal Sanchay Yojana under the Jal Jeevan Hariyali Abhiyan to construct a pond and further benefited from Rs 3.5 lakh in government aid through the Pradhan Mantri Matsya Sampada Yojana (PMMSY) to launch his fish farming venture. On just one bigha of land, Mishra now produces over 25 quintals of fish annually. His pond teems with species like Alankari, Kabai, Katla, Rehu, and Singhi—sourced from West Bengal—and nurtured using eco-friendly bioplank technology. To enhance his expertise, Mishra underwent six months of specialised training in Kishanganj and Mumbai. Around his pond, he has also planted fruit trees—mango, guava, and litchi—that provide an additional stream of income. "With the right training and proper use of government schemes, our youth can become job creators, not job seekers," Mishra told IANS. His journey from soldier to sustainable farmer exemplifies the spirit of resilience and innovation. Today, Vikas Mishra stands as a beacon of possibility—not only for Saharsa but for aspiring entrepreneurs across Bihar. Several schemes aim to support farming in India. Key schemes include the Pradhan Mantri Kisan Samman Nidhi (PM-KISAN) for direct income support, Pradhan Mantri Fasal Bima Yojana (PMFBY) for crop insurance, and the Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) for irrigation. Other important schemes are the National Mission on Edible Oils (NMEO), the National Mission on Natural Farming (NMNF), and the Agriculture Infrastructure Fund (AIF).

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