Representing Pabai Pabai and Guy Paul Kabai as lead applicants in in a landmark class action claim in negligence alleging the Commonwealth owes a duty of care to Torres Strait Islanders to protect them from climate change impacts.
The Applicants will submit that the Commonwealth failed to take adequate measures to address their vulnerability in the face of an existential threat to the people of the TSI, their traditional way of life and the marine environment.
This unique duty of care arises in the context of the express obligations of protection owed by the Commonwealth to the Torres Strait Islanders arising under the PNG Treaty and the Native Title Act and the commitments of the Commonwealth under the UNFCCC and the Paris Agreement to take steps to keep global warming to 1.5 degrees Celsius.
The claim is consistent with the High Courts recognition of Aboriginal societies as the source and sanctuary of traditional laws and customs and findings that the common law must be taken always to have comprehended the unique obligation of protection owed by the Crown to those societies and to each member.
The matter is proceeding before the Federal Court before Justice Debbie Mortimer.
A description of the case is available here