Torres Strait Islanders appeal Australian court over climate duty of care

Indigenous leaders from the Torres Strait Islands, Uncle Paul Kabai and Uncle Pabai Pabai, are challenging a 2025 Federal Court decision that denied them a duty‑of‑care claim against the Australian government. The original ruling by Justice Michael Wigney found that negligence law did not apply to government policy decisions on emissions, despite scientific evidence that rising seas were already affecting Saibai and Boigu islands.

The appeal, a four‑day hearing in Melbourne, argues that the Commonwealth’s emissions targets and lack of action have caused foreseeable harm to the communities, making the government liable for cultural and physical damage. Ministers Climate Change Chris Bowen and Indigenous Affairs Malarndirri McCarthy have acknowledged the concerns, but the legal outcome could set a precedent for climate‑related duty‑of‑care claims in Australia.