Share this @internewscast.com


Two Torres Strait Islander men have filed an appeal in the Federal Court after losing a landmark duty of care climate case against the Commonwealth in July.

Uncle Pabai Pabai and Uncle Paul Kabai’s lawsuit, claiming the Australian Government’s negligence in not taking robust measures against climate change, was dismissed by Justice Michael Wigney.

While he ruled that the case had not proven negligence by the government, he did accept many of the key facts regarding the serious impacts human induced climate change was having on the Torres Strait Islands.
The new appeal is claiming that the judged erred in some of his conclusions and will argue that the government does owe a duty of care to Torres Strait Islander peoples regarding climate change.

The appeal aims to challenge whether the Federal Court will uphold the government’s ability to endorse policies and projects that escalate greenhouse gas emissions, despite the increasing impact of climate change on First Nations communities.

In a statement, Uncle Paul and Uncle Pabai said they would continue fighting for their communities.
“We’ve decided we’re going to continue this fight because we don’t have a choice,” Uncle Paul said.

“We must persist in our fight, not only for our communities but also for our kin on the mainland, in the Pacific, and for those affected by bushfires, floods, farmers, and schoolchildren,” they declared.

Uncle Pabai said human induced climate change was causing catastrophic harm to his people.
“My community right now is preparing for our homes to be flooded by rising seas when the next king tides come this summer,” he said.
“The scientists have told us we could have less than 30 years before we lose our islands, our homes, our connection to everything.”
Isabelle Reinecke, Founder and National Director of Grata Fund, said similar cases overseas have succeeded and that Australian law must soon follow suit.
“In fact, recently the International Court of Justice found that parties to the Paris Agreement, including Australia, have a legal obligation to set emissions targets that align with a goal of limiting global warming to 1.5°C above pre-industrial levels,” she said.
The case is being closely watched both nationally and internationally as one of the first climate change negligence lawsuits brought by Indigenous peoples against a national government.
Aunty McRose Elu, a senior Elder from Seisia and Saibai, said it was their “destiny” to keep fighting.
“We are thinking about Eddie Mabo and his journey through the courts. He suffered losses but he never gave up,” she said.

They continued, “Our hearts are heavy with the loss we foresee, yet they remain strong with the determination to continue our struggle.”

Share this @internewscast.com
You May Also Like

Shocking Runway Shift: The Alarming Near Misses at an Australian Airport You Need to Know About

Two international airliners carrying hundreds of people narrowly averted disaster when they…

Exclusive: John Howard Defends Whitlam Dismissal as ‘Inevitable Solution

Former prime minister John Howard says there was “no alternative” but to…

Securing Your Child’s Financial Future: Expert Strategies for Australian Parents

SBS recognizes the Traditional Custodians of Country and honors their enduring relationship…
Charges three months after 'amazing' man killed in alleged hit-run

Justice Pursued: New Developments in Tragic Hit-and-Run Case of Beloved Community Member

A man has been formally charged nearly three months after his initial…
Author Jenny Hocking

Uncovering the Truth: Author’s Persistent Investigation into the Whitlam Dismissal, 50 Years On

An author and historian who unearthed long-buried secrets from Gough Whitlam’s infamous…
McDonald's is muscling in and setting up shop nearby on Marrickville Road.

Proposal for New 24-Hour McDonald’s Denied by Trendy Australian Suburb

A proposed 24-hour McDonald’s in one of Melbourne’s fashionable neighborhoods has been…
Shoppers walk past a sale sign in a Melbourne shopping centre.

Australia Reaches Remarkable Seven-Year Peak in Unanticipated Turn of Events

Analysis: Recent news about the economy might have left you with a…
Former NRL player Manu Vatuvei has unveiled that he is about to step into an exciting new chapter in his life, revealing that he and his partner Eva, have bought a house (pictured)

Former Football Star, Once Imprisoned for Smuggling 2kg of Ice, Makes Significant Progress in Rebuilding Life

Manu Vatuvei, a former NRL star, has announced an exciting new chapter…
Princess Anne at the Anzac Memorial in Hyde Park to mark Remembrance. Sunday 9th November 2025.

Princess Anne Honors Fallen Heroes: Meets Families of Slain Victoria Officers

Princess Anne has paid tribute to the two police officers tragically killed…
FILE - Former French President Nicolas Sarkozy Nicolas Sarkozy pictured back in October leaving his home to go to prison. He has now been released pending appeal.

President Released from Prison Following 20-Day Incarceration

Former French President Nicolas Sarkozy has been released from prison following a…
Surf cams showed foilboarder Andy McDonald suddenly falling into the water and thrashing about 50m off Prevelly Beach

Dramatic Encounter: Great White Shark Attacks Foilboarder at Renowned Surf Destination

In a dramatic encounter off the coast of Western Australia, surf cameras…
Eli Katoa suffered three separate head knocks last Sunday afternoon, with one coming in the pre-game warm-up

NRL Star Undergoes Brain Surgery Following Severe Head Injuries: Family Keeps Vigil by His Side

Tongan and Melbourne Storm player Eli Katoa is on the mend following…