Australia's law must catch up with climate reality

July 18, 2025

It’s easy to feel disheartened by Justice Michael Wigley’s recent federal court decision that the Australian Government has no duty of care to protect Torres Strait Islanders from climate change.

But as Liz Hicks, a lecturer in law at the University of Melbourne, points out: “It is a question of when, rather than if, law will adapt to deal with climate impacts. Much like a rising tide breaking against a seawall, the future impact of climate change on things that law already protects is too extreme for the law to resist.”

Others agree. Dr Riona Moodley, lawyer and researcher at UNSW’s Institute for Climate Risk and Response, noted the judgment left open the possibility of appeal: “If this matter went back to an appeals court, they could revisit the law and decide to change it.” Dr Wesley Morgan, of the Climate Council and a colleague of Moodley’s, echoed this: “When [laws] are challenged repeatedly by those impacted by the deepening climate crisis, legal norms will need to shift to meet that need.” The pressure for the law to catch up with climate reality is building. We can all add to that pressure.