A government minister, a coal mine, a climate catastrophe and a team of brave young activists. The Sharma litigation looked good in the papers. But, as revealed by the decision, the devil is in the detail of Australian tort law.
Young climate activists including Luca Saunders and Natasha Abhayawickrama hug friends outside court after Tuesday’s decision.The appeal did not question or debate the science on climate change. As Chief Justice Allsop noted, ’“But while the case touches on the future of humanity, the issue for decision was much narrower.
Well, not really. The Full Court’s decision certainly deals a blow to climate causes of action in tort. But the decision inwas tied closely to the Minister’s limited role under the particular legislation in issue and its defeat does not spell the end for a duty of care argument in other contexts.
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Source: GuardianAus - 🏆 1. / 98 Read more »