Federal court dismisses Torres Strait Islander climate case but warns of devastating impacts without action

A federal court in July dismissed a landmark case brought by Torres Strait leaders claiming the Australian Federal Government breached its duty of care to protect their island homes from the impacts of climate change. However, Justice Michael Wigney noted in his decision that the islands face a bleak future if the government does not take urgent action.

In 2021, two Torres Strait Islander elders, Uncle Paul Kabai and Uncle Pabai Pabai, initiated an Australian climate class action case. They sought a legal order to compel the government to reduce greenhouse gas emissions, arguing that it has a duty of care to protect their communities on the low-lying Saibai and Boigu Islands.

At the heart of the case was the deep connection between Torres Strait Islanders and their land and what would be lost if the low-lying islands were claimed by the sea.

“I thought that the decision would be in our favour, and I’m in shock," Uncle Paul said in a statement after the judgement. “This pain isn’t just for me, it’s for all people Indigenous and non-Indigenous who have been affected by climate change. What do any of us say to our families now?”

“My heart is broken for my family and my community. Love has driven us on this journey for the last five years, love for our families and communities. That love will keep driving us,” Uncle Pabai said.

The plaintiffs claimed that rising seas, saltwater inundation, damaged cultural sites and the threat of becoming “Australia’s first climate refugees” are due to government inaction to reduce greenhouse gas emissions. Many of the inhabited Torres Strait Islands are already being inundated by rising sea levels, which is impacting their ability to grow food.

Australian courts held “on‑country” hearings in mid‑2023, documenting first-hand accounts of eroded burial grounds, contaminated water and increasingly frequent flooding. Closing arguments took place in Cairns in April 2024.

The Guda Maluyligal traditional owners travelled nearly 900 kilometres from their ancestral homes to the Federal Court in Cairns to hear the outcome.

Australia is the world's 11th highest per capita emitter of greenhouse gases, according to the CSIRO, contributing just over 1% of global emissions, but the country is among the largest fossil fuel exporters in the world.

The litigation has been financed through the NGO, Grata Fund, and modelled on a successful case from the Netherlands.

Learn more about the case and its outcomes here, and watch this video to hear from the Torres Strait plaintiffs.

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References & further reading:

• The Australian Climate Case. (2025, June 20). Home - The Australian climate case. https://australianclimatecase.org.au/

• Guenzler, J. (2025, July 2). Uncle Paul and Uncle Pabai await outcome of historic Torres Strait climate case. National Indigenous Times. https://nit.com.au/02-07-2025/18893/uncles-paul-and-pabai-await-outcome-of-historic-climate-case-in-the-torres-strait

• Cox, L. (2025, July 18). Torres Strait community leaders in ‘deepest pain imaginable’ as federal court dismisses landmark climate case. The Guardian. https://www.theguardian.com/environment/2025/jul/15/torres-strait-island-landmark-climate-case-dismissed-federal-court

• ABC News (Australia). (2025, July 12). Landmark case decision could change the way government deals with climate change | ABC NEWS [Video]. YouTube. https://www.youtube.com/watch?v=QYfweiOdLbk