In a landmark legal battle, Torres Strait Islander elders Uncle Paul Kabai and Uncle Pabai Pabai have brought the Australian federal government to court, seeking acknowledgment that Melbourne’s emissions targets and climate policies fail to protect their low‑lying island homelands from the ravages of climate change .
The Federal Court in Cairns is set to pronounce its decision this Tuesday, July 15, at 2 pm AEST. The case, launched in October 2021, alleges that the government owes a legal “duty of care” to Torres Strait Islanders, and that its failure to align emissions reduction with the best available science has directly endangered their homes, traditions, and futures .
Boigu and Saibai Islands—sacred to the Guda Maluyligal people—have already begun to deteriorate. Strong tides and eroded beaches are swallowing burial grounds, saltwater is creeping into freshwater sources, and sacred cultural sites are being lost under rising seas .
Uncle Pabai, a Guda Maluyligal man living on Boigu, warns, “If the government continues to do nothing, we will be forced to leave our homelands,” while Uncle Paul from Saibai echoes his fears: “We’re both very worried … our hunting grounds are being destroyed by strong currents.” They fear their communities could become Australia’s first climate refugees within decades .
They’ve drawn on the legacy of Indigenous hero Eddie Mabo, who successfully challenged Australia’s terra nullius legal fiction. Uncle Pabai explains, “I’m standing firm on his shoulders,” saying this case is fought for their ancestors’ heritage—and for his two‑year‑old son and the generations to come .
If successful, the case could set a precedent compelling the federal government to adopt tougher climate measures and limit new fossil fuel projects . The plaintiffs also point to the 2022 UN Human Rights Committee ruling which found Australia violated Torres Strait Islanders’ rights to culture and private life as supporting international precedent .
Regardless of the outcome, the men say they’ve already succeeded in bringing their plight into national focus. As Uncle Paul puts it: “We will be very proud, even if we win or if we lose.… The government is listening now, they know what is happening and they must do something about climate change” .
A press conference featuring the uncles, legal teams, and supporters is expected to follow the verdict at around 3:45 pm outside Cairns court. The hearing itself will be live‑streamed on the Federal Court’s YouTube channel .
