This database records litigation (including settled cases and court orders) on issues of climate change in Australia, New Zealand and the Pacific Islands. It encompasses cases across several different substantive categories including:
- Project Approval (mitigation) cases.
- Project Approval (adaptation) cases.
- Corporate Accountability cases.
- Constitutional and Human Rights / State Accountability cases.
- Cases that broaden access to justice in climate cases.
Australia presently has the second largest number of climate cases globally and the most significant adaptation jurisprudence of any country. Climate litigation is likely to continue to grow in New Zealand and Pacific Island countries.
For details of litigation elsewhere in the world you can find this information on the climate change case charts maintained by the Sabin Center for Climate Law at Columbia University and the LSE Grantham Institute’s Climate Change Laws of the World database.
The database adopts a broad definition of ‘climate litigation’. This includes cases where: climate change is a central issue in the dispute, climate change is raised as a peripheral issue, climate concerns motivate the lawsuit, or the case has implications for mitigation or adaptation (Peel & Osofsky 2015, p.8). There is also some inclusion of non-court based cases e.g. legal letters, tribunal decisions etc.
The Australian and Pacific Climate Change Litigation database is continually being updated with new cases. If you are aware of relevant cases from Australia, New Zealand or the Pacific Islands which do not yet appear in the database please let us know at melbourne-climate-futures@unimelb.edu.au. Melbourne Climate Futures is a multidisciplinary climate initiative established by the University of Melbourne to contribute to greater action on climate change @MCFunimelb, #MelbourneClimateFutures.
SELECT LITIGATION TYPE:
- Access to Justice
- Costs17 cases
- Employment4 cases
- Other9 cases
- Protest activities16 cases
- Strike out application6 cases
- Transparency and disclosure8 cases
- View all 60 cases.
- Constitutional and Human Rights / State Accountability
- Constitutional rights3 cases
- Duty of Care5 cases
- Human rights and refugee claims40 cases
- Renewable energy2 cases
- Statutory Duty15 cases
- Transparency and disclosure10 cases
- View all 75 cases.
- Corporate Accountability
- Carbon credits and offsets11 cases
- Corporate form5 cases
- Environmental harm6 cases
- Misleading and deceptive conduct48 cases
- Negligence and nuisance4 cases
- Other9 cases
- Renewable energy5 cases
- Transparency and disclosure12 cases
- View all 100 cases.
- Project Approval - Adaptation
- Bushfire risk28 cases
- Coastal hazard54 cases
- Flood risk73 cases
- Land valuation4 cases
- Other4 cases
- Sea level rise27 cases
- Threatened species9 cases
- Urban Planning4 cases
- Water20 cases
- View all 223 cases.
- Project Approval - Mitigation
- Coal mine46 cases
- Coal-fired and gas-fired power station12 cases
- Costs1 case
- Energy efficiency8 cases
- Gas and Oil25 cases
- Hydropower2 cases
- Other23 cases
- Solar energy15 cases
- Threatened species2 cases
- Urban Planning27 cases
- Wind farm28 cases
- View all 189 cases.
SELECT JURISDICTION:
- Australian Capital Territory
- Federal
- Ad Standards4 cases
- Administrative Appeals Tribunal16 cases
- Australian Communications and Media Authority1 case
- Australian Competition Tribunal1 case
- Australian Information Commissioner2 cases
- Australian Patent Office1 case
- Federal Court of Australia55 cases
- High Court of Australia6 cases
- National Native Title Tribunal2 cases
- Other28 cases
- Refugee Review Tribunal of Australia1 case
- View all 117 cases.
- New South Wales
- Corners Court New South Wales2 cases
- Industrial Relations Commission of New South Wales1 case
- Local Court of New South Wales1 case
- New South Wales Civil and Administrative Tribunal1 case
- New South Wales Land and Environment Court98 cases
- Supreme Court of New South Wales11 cases
- Supreme Court of New South Wales - Court of Appeal6 cases
- View all 120 cases.
- Northern Territory
- Queensland
- District Court of Queensland2 cases
- Queensland Body Corporate and Community Management Commissioner - Adjudicators Orders1 case
- Queensland Civil and Administrative Tribunal1 case
- Queensland Land and Resources Tribunal2 cases
- Queensland Land Court16 cases
- Queensland Planning and Environment Court17 cases
- Supreme Court of Queensland4 cases
- Supreme Court of Queensland - Court of Appeal2 cases
- View all 45 cases.
- South Australia
- Tasmania
- Victoria
- Western Australia
SELECT AN INTERNATIONAL JURISDICTION:
- International
- New Zealand
- Broadcasting Standards Authority3 cases
- Court of Appeal of New Zealand9 cases
- District Court of New Zealand3 cases
- Environment Court of New Zealand66 cases
- High Court of New Zealand41 cases
- New Zealand Advertising Standards Authority1 case
- New Zealand Immigration and Protection Tribunal21 cases
- New Zealand Media Council2 cases
- Planning Tribunal of New Zealand2 cases
- Supreme Court of New Zealand3 cases
- View all 151 cases.
- Pacific Islands
Select a .pdf to download:
- Trends in Australian Climate Litigation: 2021
- Trends in Australian Climate Litigation: 2020
- Trends in Australian Climate Litigation: 2019
SELECT A GRAPH TO VIEW:
Case Number Trend In Australia
Case Number Trend In New Zealand
Litigation Type Trend In Australia
Litigation Type Trend In New Zealand
SELECT A PIE CHART TO VIEW:
Litigation Type Breakdown In Australia
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Risks in corporate climate litigation
A series of judgments in Munkara v Santos highlight risks in corporate climate litigation
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Disapproving a wind farm application, approving a coal mine extension?
It is a delicate balance which projects to approve and which projects to reject. How do you prioritise climate goals against biodiversity, cultural heritage, social impacts and energy security?
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Investing in climate litigation
Climate litigation has extended beyond a focus on corporations to include claims brought against both private and public investors. Read this blog post on recent developments in investment climate litigation.
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Policy brief: Greenwashing legal cases in Australia
A new policy brief analyses greenwashing litigation and legal interventions in Australia.
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Proportionate liability in climate cases
Could future climate cases involving economic loss for contractual breaches, negligence and misleading and deceptive conduct see proportionate liability arguments raised?
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Contract-related climate disputes: Reliance damages
A non-climate case headed for the High Court could clarify the law around reliance damages, with possible implications for remedies in future contractual climate disputes.
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Legal interventions beyond the courtroom
Climate litigation exists well beyond the courtroom. It includes a range of other legal interventions such as legal letters, shareholder resolutions and administrative review processes. Read this policy brief from Bek Markey-Towler.
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The UN is asking the International Court of Justice for its opinion on states’ climate obligations. What does this mean?
Read this external article by Jackie Peel and Zoe Nay on the Pacific-led request for an advisory opinion on a country's climate obligations.
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Notify us “if anything changes about your home or contents"
ASIC’s first test case alleging unfair insurance contract terms may have implications for future climate litigation, if it is successful.
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Excluding climate risks in insurance contracts
A decision of the Full Court of the Federal Court of Australia might not be a ‘climate case’ but potentially foreshadows issues in future climate disputes.
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A Horizon Scan for ESG Litigation in Australia
ESG concerns are becoming increasingly mainstream, some trends are emerging as well as some case study examples in Australia.