Legal challenges of climate change litigation in Australia

Climate change litigation has been on the rise globally, with over 1,000 new cases filed since 2015, indicating a significant increase. In Australia, climate change issues are being addressed in various legal contexts, including administrative law, torts, consumer law, and company law. Notably, the Full Court of the Federal Court in Australia recently ruled that the Minister for the Environment does not owe a duty of care to Australian children in approving a coal mine extension, overturning a previous decision.

This legal briefing highlights recent trends in climate change litigation, particularly concerning government-related cases. Climate change litigation has expanded beyond environmental law to include issues in human rights, consumer protection, and administrative law. Courts increasingly consider greenhouse gas emissions and climate change impacts in their rulings. However, the success of these cases varies depending on the specific legal and factual contexts.

Administrative law challenges often involve claims that decision-makers failed to consider climate change appropriately. Courts have recognized that climate change considerations may be relevant under existing legislative frameworks, but this depends on the statute or instrument in question. The briefing also discusses significant cases, such as **Sharma v Minister for Environment**, where the court ruled on the relevance of climate change to administrative decisions, although the decision was later overturned on appeal. The briefing concludes that while climate change litigation is growing and diversifying, its outcomes are heavily influenced by legal interpretations and statutory frameworks.