Uncle Paul and Uncle Pabai await outcome of historic Torres Strait climate case

Joseph Guenzler
Joseph Guenzler Published July 2, 2025 at 12.15pm (AWST)

The Federal Court is set to deliver its decision soon on a landmark climate change case brought by Torres Strait Islander Traditional Owners Uncle Paul Kabai and Uncle Pabai Pabai, who are seeking to hold the Australian Government accountable for its role in worsening climate impacts in the region.

The case was filed in October 2021, with the plaintiffs arguing that the Commonwealth has failed in its legal duty of care by not acting fast enough to reduce greenhouse gas emissions.

The claim centres on the increasing threat to the islands of Boigu and Saibai, where rising sea levels, storm surges, coastal erosion and flooding are placing homes, cultural heritage and livelihoods at risk.

Mr Pabai, a Guda Maluyligal man and Traditional Owner from Boigu, said he brought the case to make the government listen to the concerns of his people.

"We are witnessing climate change, like erosion and inundation, rapidly getting worse before our eyes," he said.

"If the government continues to do nothing, we will be forced to leave our homelands.

"We'll lose everything - our homes, our culture and who we are."

Mr Kabai, a Traditional Owner from Saibai, echoed those concerns and warned that the islands are sinking.

"It's time now for change, otherwise it will be too late," he said.

Saibai Island seawall. (Image: Ruby Mitchell)

The court heard evidence that Boigu and Saibai could become uninhabitable within 30 years.

On-country hearings held in 2023 revealed the extent of climate impacts already occurring, including damaged infrastructure, contaminated water supplies, and sacred burial grounds being washed away.

The plaintiffs are asking the court to order the government to reduce emissions in line with the best available science, which they argue is necessary to avoid further loss.

Their legal team, led by Phi Finney McDonald and supported by Grata Fund, has drawn comparisons with the 2015 Urgenda case in the Netherlands, which resulted in a court-ordered mandate for stronger climate action.

If successful, the case could force the Federal Government to scale back fossil fuel approvals and speed up its transition to a clean energy economy.

The Climate Council has backed the plaintiffs' position, warning that current emissions targets are inadequate to limit warming to 1.5°C and avoid the displacement of Torres Strait communities.

The decision will be handed down at 2pm AEST on Tuesday 15 July in Cairns, with a livestream available via the Federal Court of Australia's YouTube channel.

A press conference is expected to follow later that afternoon.

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