The case, first brought by Traditional Owners Uncle Pabai Pabai and Uncle Paul Kabai in 2021, argued the government held a duty of care to the islanders and alleged its failure to adequately reduce greenhouse gas emissions brought harm to their communities.
Justice Michael Wigney delivered the Federal Court's ruling that Australia has no such duty in this case, saying "The applicants have not succeeded in making their primary case in negligence. The Commonwealth did not and does not owe Torres Strait Islanders the duty of care alleged by the applicants in support of their primary case. The decisions involved in the setting and communication of Australia's greenhouse gas emissions reduction targets, pursuant to its international obligations or otherwise, are highly political in nature and almost self-evidently involve matters of high or core government policy. They are accordingly not properly subjected to common law duty of care of the sort alleged by the applicants."
After the disappointing outcome for the Indigenous leaders, Ms Reinecke says the fight is far from over for Torres Strait Islanders, who will continue to advocate for the protection of their communities."The communities and the elders that I'm working with are so clear and determined they know what they're up against and they believe that they will keep fighting with what comes next."
Uncle Pabai Pabai says he is heartbroken but love for his community will keep him fighting on."I thought that the decision would be in our favour, I’m in shock. This pain isn't just for me, it’s for all people Indigenous and non-Indigenous who have been affected by climate change"
