The Federal Court has dismissed a landmark climate case brought by Torres Strait Islander Traditional Owners Uncle Paul Kabai and Uncle Pabai Pabai, ruling the Australian Government does not owe a legal duty of care to protect island communities from the impacts of climate change.

Despite acknowledging that the Torres Strait Islands are "ravaged by climate change," Justice Michael Wigney found that emissions targets are a matter of "high or core government policy" and not subject to common law negligence.

The case, filed in 2021, alleged the government failed to act in line with scientific advice to reduce greenhouse gas emissions, placing communities on Boigu and Saibai at risk of becoming Australia's first climate change refugees.

Justice Wigney accepted the islands are experiencing serious impacts including sea level rise, erosion, flooding, and loss of cultural connection.

However, he ruled cultural loss is not recognised as a compensable harm under Australian law, and that no legal duty of care applied to government policy decisions.

Uncle Pabai Pabai said the decision has left him heartbroken.

"My heart is broken for my family and my community," he said.

"Love has driven us on this journey for the last five years, love for our families and communities. That love will keep driving us."

Uncle Paul Kabai said he was shocked by the outcome.

"I thought that the decision would be in our favour, and I'm in shock," he said.

"This pain isn't just for me, it's for all people Indigenous and non-Indigenous who have been affected by climate change.

"What do any of us say to our families now?"

Aunty McRose Elu said she felt a deep grief for future generations.

"What will I say to my grandchildren about this decision? It's their future, not mine."

More to come.