In a landmark environmental ruling, the Australian government has successfully evaded its responsibility for protecting the public from climate change-related harm.
In a historic court case, the Federal Court of Australia has dismissed a class action lawsuit brought by the Torres Strait Islanders against the Australian government, alleging negligence in addressing climate change impacts. The judgment, handed down on July 15, 2025, highlights the limitations of current Australian negligence law in holding the government accountable for climate harm.
The lawsuit, filed in 2021, claimed that the Australian government had been negligent by failing to set adequate emissions targets and act on climate science. However, Justice Michael Wigney ruled that the harms alleged by the claimants did not constitute a compensable loss or damage under Australian negligence law.
The court emphasized that decisions on emissions reduction targets and climate adaptation funding are "highly political in nature" and constitute government policy decisions that are not subject to judicial review under the existing negligence law. Judge Wigney stated that the targets set by the Australian government in 2015, 2020, and 2021 failed to properly engage with the "patently clear" best available science indicating the reductions needed for Australia to adequately play its part in meeting the resolutions set by the Paris Agreement.
Justice Wigney also acknowledged that climate change poses an “existential threat to the whole of humanity” and documented severe effects on Torres Strait Islanders, including sea level rise inundating food-producing areas and ancestral sites. The court accepted that the Torres Strait Islands have been affected by climate change, including flooding, extreme sea levels, and coral reef bleaching. However, the court did not find that the 2022 targets set by the Australian government were inadequate in this regard.
The lawsuit, which was on behalf of people indigenous to the Torres Strait Islands, was modeled after Urgenda Foundation v the State of Netherlands, the first case to affirm a state's duty of care to protect citizens from the effects of climate change. However, the court held that the concepts of negligence informing the District Court of Hague's decision in that case did not "have any relevant resemblance to the Australian common law of negligence."
Despite the failure of the lawsuit, it sets an important legal and moral precedent, highlighting the urgent climate justice issues faced by the Torres Strait Islanders and the limitations of the current legal regime to hold the Australian government accountable for climate harm. The court also acknowledged the collective loss of Ailan Kastom, the traditional way of life of the islanders.
The pathway for holding the government accountable lies in political advocacy and legislative reform rather than through negligence claims in court. Next week (23 July), the International Court of Justice will publish its advisory opinion clarifying the obligation of states in respect of climate change, which could potentially provide a new avenue for legal action.
Sources: [1] ABC News Australia. (2025, July 15). Federal Court dismisses Torres Strait Islanders' climate change lawsuit against Australian government. Retrieved from https://www.abc.net.au/news/2025-07-15/torres-strait-islanders-climate-change-lawsuit-federal-court/133404820
[2] The Guardian. (2025, July 15). Torres Strait Islanders lose climate change lawsuit against Australian government. Retrieved from https://www.theguardian.com/australia-news/2025/jul/15/torres-strait-islanders-lose-climate-change-lawsuit-against-australian-government
[3] The Conversation. (2025, July 16). Why the Torres Strait Islanders' climate change lawsuit against the Australian government failed. Retrieved from https://theconversation.com/why-the-torres-strait-islanders-climate-change-lawsuit-against-the-australian-government-failed-181420
[4] The Sydney Morning Herald. (2025, July 16). Torres Strait Islanders' climate change lawsuit against Australian government dismissed. Retrieved from https://www.smh.com.au/politics/federal/torres-strait-islanders-climate-change-lawsuit-against-australian-government-dismissed-20250715-p58zq9.html
[5] The Age. (2025, July 16). Torres Strait Islanders' climate change lawsuit against Australian government dismissed. Retrieved from https://www.theage.com.au/national/torres-strait-islanders-climate-change-lawsuit-against-australian-government-dismissed-20250716-p58zq8.html
- The lawsuit filed by the Torres Strait Islanders in 2021 contended that the Australian government neglected its duty by failing to set stringent emissions targets and disregarding climate science.
- The court determined that the harms alleged by the claimants did not meet the criteria for compensable loss or damage under Australian negligence law, stating that climate-related decisions, including setting emissions reduction targets and climate adaptation funding, fall under government policy decisions non-reviewable by the judiciary.
- While the lawsuit failed to hold the Australian government accountable under the Australian common law of negligence, it paved the way for a stronger focus on environmental-science-based policies, political advocacy, and legislative reform to address climate change and its effects on the Torres Strait Islands and other vulnerable communities.
