RWC previously published an article about climate change, entitled Climate Litigation: A Change in Perspective, written by our Darren Lai and assisted by Sabrina Lee and Sophia Ismail on 7th September 2021.
We highlighted the case law judgment of Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment (No 2) [2021] FCA 774 (“Sharma”).
In brief, Sharma was decided in that a duty of care was imposed on the Minister of Environment to keep the interests and the future of the youths in Australia in mind.
Essentially, the Court looked not only at the current situation, but also considered the future situation of carbon dioxide emission if coal mines continue to operate.
This was a landmark decision in climate litigation cases.
By way of an update, the decision and findings of the Court was overturned by the Court of Appeal.
Albeit, the initial judgment from the court of first instance, by expanding the traditional notion of “duty of care” opened the eyes of the world to the risk of climate change and the need to protect our planet, for the future generation.
For the entire judgment, visit: https://www.judgments.fedcourt.gov.au/ju dgments/Judgments/fca/single/2021/2021f ca0774
For further information, please contact:
Darren Lai, Partner, Richard Wee