The decision on this landmark case will be handed down at the Federal Court sitting in CAIRNS, TUESDAY 15 JULY.
Having filed their case against the Australian government in October 2021 in fear for their homelands, Torres Strait Traditional Owners Uncle Paul Kabai and Uncle Pabai Pabai will now hear the Federal Court’s decision on the fate of their homes, communities and culture at risk from climate disaster.
Climate change is already causing sea level rise and more frequent and intense storms in the Torres Strait, with local communities at risk of becoming Australia’s first climate change refugees. The court heard evidence that communities on Boigu and Saibai could have less than 30 years left before their islands become uninhabitable.
Uncle Paul and Uncle Pabai aren’t alone in their fears for their lives and homes – communities around Australia are reeling from the devastating consequences of fires, floods and drought.
The Uncles are seeking orders from the court that require the government to take steps to prevent this harm to their communities, including cutting greenhouse gas emissions in line with the best available science.
If successful, this case has the potential to force the Federal Government to rapidly reduce emissions. The Climate Council says that all emissions from fossil fuel projects are incompatible with the science and a safe future, and that the Australian Government must stop approving or expanding new coal, gas and oil projects and rapidly transition to a clean economy.
WHEN: TUESDAY 15 JULY, 2PM
WHERE: CAIRNS – Courtroom 1, Federal Circuit and Family Court of Australia, Commonwealth Centre, Level 4, 104 Grafton Street, Cairns
WHO: Uncle Paul Kabai, Uncle Pabai Pabai, Aunty McRose Elu and many other community members, the Phi Finney McDonald legal team and Isabelle Reinecke from Grata Fund.
The livestream of the court proceedings will appear on the Federal Court of Australia YouTube channel listed as Pabai Pabai & Anor v The Commonwealth. LINK HERE.
A press conference will follow shortly afterwards, approx. 3.45pm (timings and detailed schedule TBC).
There will be footage/images from the press conference available by 5pm Tuesday 15 July, plus earlier images/footage from the islands and throughout the case available now in this MEDIA ASSETS folder.
What is the backstory to this case?
Faced with rising sea levels and distressingly inadequate action on climate change, in October 2021 Uncle Pabai and Uncle Paul filed the Australian Climate Case against the Australian Government for failing to protect the Torres Strait from climate change.
The homes of people in the Torres Strait could disappear beneath the rising seas, making them Australia’s first climate change refugees. For Zenadth Kes (Torres Strait Islands) Peoples, the impacts of climate change won’t only force them from their island homes, but sever their connection to thousands of years of culture and deep spiritual connection passed down generation by generation through connection to land, sea, winds and sky and community.
Uncle Pabai and Uncle Paul are seeking orders from the court that require the Federal Government to take steps to prevent this harm to their communities, including cutting greenhouse gas emissions in line with the best available science.
The Australian Government currently has a 2050 ‘net zero’ emissions target, which experts say will not be enough to prevent disaster in the Torres Strait. In fact, leading climate scientists on the Climate Targets Panel calculate that Australia’s greenhouse emissions need to be reduced by 74% by 2030 (from 2005 levels) and to net zero by 2035 to keep global heating to below 1.5°C and avert the destruction of Torres Strait Islander communities.
