Climate Litigation In Australia: Current State Of Play

Australia continues to be a highly active jurisdiction for climate-related lawsuits. The last few years have seen multiple suits commenced against corporations and governments in relation to climate issues, with more filings anticipated. To date, plaintiffs have experienced mixed degrees of success in prosecuting their claims and obtaining their desired remedies. However, there are several key cases still pending where the outcome could have significant implications for Australian corporations and others with investments or operations in Australia.

This article briefly surveys the current state of Australian climate change litigation, focusing on cases that are high-profile or have significant precedent value. It also compares trends seen in Australia with those being observed in the United States, Europe, and the United Kingdom, and offers some observations on likely future developments in Australia.