Australian and Pacific Climate Change Litigation

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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:

  1. Project Approval (mitigation) cases.
  2. Project Approval (adaptation) cases.
  3. Corporate Accountability cases.
  4. Constitutional and Human Rights / State Accountability cases.
  5. 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.


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SELECT LITIGATION TYPE:

  • Access to Justice
    • Costs15 cases
    • Other12 cases
    • Protest Activities8 cases
    • Transparency/disclosure3 cases
    • View all 38 cases.
  • Constitutional and Human Rights / State Accountability
    • Constitutional rights6 cases
    • Duty of Care5 cases
    • Human rights21 cases
    • Renewable energy2 cases
    • Statutory Duty10 cases
    • Transparency/disclosure9 cases
    • View all 53 cases.
  • Corporate Accountability
    • Carbon credits / offsets8 cases
    • Consumer protection13 cases
    • Environmental harm7 cases
    • Negligence / Nuisance3 cases
    • Other5 cases
    • Renewable energy2 cases
    • Shareholder actions5 cases
    • Transparency/disclosure40 cases
    • View all 83 cases.
  • Project Approval - Adaptation
    • Bushfire risk28 cases
    • Coastal hazard50 cases
    • Flood risk59 cases
    • Land valuation4 cases
    • Local government liability2 cases
    • Other7 cases
    • Sea level rise23 cases
    • Threatened species7 cases
    • Water19 cases
    • View all 199 cases.
  • Project Approval - Mitigation
    • Airport1 case
    • Coal mine38 cases
    • Coal-fired / gas-fired power station12 cases
    • Costs1 case
    • Energy efficiency8 cases
    • Gas / Oil23 cases
    • Hydropower2 cases
    • Other18 cases
    • Solar energy14 cases
    • Threatened species2 cases
    • Urban Planning25 cases
    • Wind farm26 cases
    • View all 170 cases.

SELECT JURISDICTION:

  • Australian Capital Territory
    • Fair Work Commission Full Bench1 case
    • Magistrates Court of the Australian Capital Territory1 case
    • View all 2 cases.
  • Federal
    • Ad Standards4 cases
    • Administrative Appeals Tribunal6 cases
    • Australian Communications and Media Authority1 case
    • Australian Information Commissioner1 case
    • Australian Patent Office1 case
    • Federal Court of Australia44 cases
    • High Court of Australia6 cases
    • National Native Title Tribunal2 cases
    • Other23 cases
    • Refugee Review Tribunal of Australia1 case
    • View all 89 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 Land and Environment Court90 cases
    • Supreme Court of New South Wales8 cases
    • Supreme Court of New South Wales - Court of Appeal4 cases
    • View all 106 cases.
  • Northern Territory
    • Supreme Court of the Northern Territory3 cases
  • 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 Court12 cases
    • Queensland Planning and Environment Court16 cases
    • Supreme Court of Queensland4 cases
    • Supreme Court of Queensland - Court of Appeal2 cases
    • View all 40 cases.
  • South Australia
    • South Australian Environment, Resources and Development Court2 cases
  • Tasmania
    • Tasmanian Resource Management and Planning Appeal Tribunal1 case
  • Victoria
    • Planning Panels Victoria6 cases
    • Supreme Court of Victoria13 cases
    • Supreme Court of Victoria - Court of Appeal1 case
    • Victorian Civil and Administrative Tribunal126 cases
    • View all 146 cases.
  • Western Australia
    • State Administrative Tribunal of Western Australia9 cases
    • Supreme Court of Western Australia5 cases
    • View all 14 cases.

SELECT AN INTERNATIONAL JURISDICTION:

  • International
    • Australian National Contact Point for the OECD Guidelines1 case
    • International Arbitration Proceedings1 case
    • United Nations2 cases
    • View all 4 cases.
  • New Zealand
    • Court of Appeal of New Zealand5 cases
    • District Court of New Zealand1 case
    • Environment Court of New Zealand56 cases
    • High Court of New Zealand36 cases
    • New Zealand Advertising Standards Authority1 case
    • New Zealand Immigration and Protection Tribunal12 cases
    • New Zealand Media Council1 case
    • Planning Tribunal of New Zealand2 cases
    • Supreme Court of New Zealand3 cases
    • View all 117 cases.
  • Pacific Islands
    • Papua New Guinea National Court of Justice2 cases

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

Litigation Type Breakdown In New Zealand

Jurisdiction Breakdown in Australia




  • 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.

  • Policy brief: Greenwashing legal cases in Australia

    A new policy brief analyses greenwashing litigation and legal interventions in Australia.

  • 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?

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.