The case
Two Torres Strait Islander Elders, Uncle Pabai Pabai and Uncle Paul Kabai, brought a case known as Pabai Pabai & Anor v Commonwealth of Australia.
They argued that the Australian Government owed Torres Strait Islanders a legal duty of care to protect them and their islands from the harms caused by climate change.
The original ruling
In July 2025, the Federal Court found that Australian law did not currently impose the proposed duty of care on the Commonwealth.
However, the Court acknowledged the severe climate harms already being experienced across the Torres Strait, the vulnerability of its peoples and culture, and the threat that climate change presents to their future.
The Federal Court delivered its original decision, finding that the proposed duty of care was not recognised under the law as it currently stands.
Uncle Pabai and Uncle Paul filed an appeal in the Full Federal Court.
The appeal was heard by three judges of the Full Federal Court in Melbourne, on the lands of the Wurundjeri Woi-wurrung people of the Kulin Nation.
The appeal hearings have concluded. The Full Federal Court’s decision is now awaited.
What the appeal is asking
The appeal asks the Full Federal Court to consider whether the original judge made errors in reaching several legal conclusions.
The Elders’ legal team argues that the Commonwealth does owe Torres Strait Islander peoples a duty of care in relation to climate change, that additional emissions linked to Commonwealth decisions can legally contribute to the harms experienced in the Torres Strait, and that cultural loss should be recognised and compensated under Australian law.
Why it matters to us
Country is family. The case is about survival, and about the right of Torres Strait Islander peoples to remain on their islands and keep their culture strong in place.
Whatever the courts decide, the responsibility to act on climate change does not go away.
What you can do
Learn about the case and follow it through the Human Rights Law Centre and the Grata Fund , who supported the Elders. Support First Nations-led climate and cultural work. Where you can, choose businesses and leaders who keep these issues in view.
