Federal Court's Michael Wigney laments 'tragedy' in Torres Strait climate ruling
Traditional landowners in the Torres Strait have failed in an attempt to launch a class action lawsuit against the Commonwealth over climate change.
A Federal Court judge almost apologised to traditional owners in the Torres Strait on Tuesday as he rejected their bid to launch a class action against the Commonwealth over the impact of rising seas and climate change.
Justice Michael Wigney said successive governments had failed to adopt climate targets “based on the best available science”, but found the Commonwealth did not owe a duty of care to the owners under the laws of negligence.
He said “loss of custom” was not a recognised category of damage - and that it was not open to him “as a single judge” to change that. He added there was no proof that the targets "materially contributed in the short term to any harm from the effects of climate change”.
Wigney also delivered a warning to others hoping to use the court for climate claims, saying the litigation involved questions that should be decided by the political process.
