Thursday, 17 July 2025
Stories and events of the Kaurareg homeland of Kaiwalagal, the Torres Strait homeland and Cape York homelands of the Anggamuthi, Atambaya, Wuthathi, Yadhaykenu and Gudang Peoples.
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Climate defenders claim moral victory
“The judge accepted that climate change is destroying our islands. He acknowledged the government failed to protect us. But he still ruled against us, saying the law, as it stands, tied his hands. This isn’t justice. But it’s not the end either. Higher courts can do more. Laws can change. We are not giving up. We are protecting our home.” Bala Wolz. After the Court’s determination was read, community supporters, family and friends rallied behind Uncle Paul Kabai and Uncle Pabai Pabai, holding his son, with Dr Aunty McRose Elu as they fronted the media – including TSIMA’s Jen Enosa (far right) – outside of the court on Tuesday afternoon. Pic supplied. BY CHRISTINE HOWES The Federal Court has rejected Uncle Pabai Pabai and Uncle Paul Kabai’s historic climate change case against the Commonwealth of Australia. Despite the loss, the two Uncles left the court with Aunty McRose Elu and
their legal team to a round of applause from more than 200 community members and supporters who came to hear the judgement delivered at the Federal Court in Cairns on Tuesday. Justice Michael Wigney said the Court accepted the factual case presented in the Australian Climate Case but found “the law does not
currently support” the claim that the government had a legal duty of care to protect the Torres Strait, its people and their culture from climate harm. Aunty McRose said the judge had recognised the truth of their case. “It is a moral loss to the government, not for us,” she said.
Uncle Pabai and Uncle Paul said they were committed to seeing the case through to the end for their communities and would consult with their legal team to carefully examine pathways for appeal. “For the love of my son and all the people in our community in the Torres Strait, for the bushfire and
flood survivors, the farmers, kids and grandkids, I’ll keep fighting and will sit down with my lawyers and look at how we can appeal,” Uncle Pabai said. Uncle Paul said they would go back to their islands with the “deepest pain imaginable”. “I want to ask Mr Albanese what I should
say when I go home to my family, how do I tell them we have less than 30 years left?” he said. “I can feel the moral burden on my shoulders and it is not mine to carry. The prime minister should be carrying this for the people, that’s his job.” Story continued & more pics on PAGE 3 N
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