Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for Environment

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

16/07/2021

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Duty of Care

REVIEW TYPE

Judicial review

SUMMARY

The Sharma proceeding was brought by eight Australian children on their behalf and on behalf of the Australian children they represented. The children argued that the Federal Environment Minister owed them a novel duty of care in the common law of negligence when exercising her approval powers for a coal mine in New South Wales under ss 130 and 133 of the EPBC Act. At first instance, Bromberg J in the Federal Court upheld the children’s claim and made a declaration in terms that the Minister has a duty to take reasonable care when exercising her approval powers for the mine extension under ss 130 and 133 of the EPBC Act to avoid causing personal injury or death to Australian children arising from emissions of carbon dioxide into the Earth’s atmosphere. The Minister appealed the decision. In March 2022, the Full Court of the Federal Court allowed the Minister’s appeal and overturned the primary judge’s finding of a novel duty of care.

CASE DOCUMENTS

Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for Environment [2021] FCA 560
VID389/2021 Minister for the Environment v Sharma
Minister for the Environment v Sharma [2022] FCAFC 35
Minister for the Environment v Sharma (No 2) [2022] FCAFC 65; 401 ALR 108