Pabai Pabai and Guy Paul Kabai v. Commonwealth of Australia

(Short summary of who the plaintiffs and defendants are and why they are bringing the case, and any reasons why this case is unique/a precedent/important.) First Nations leaders from the Gudamalulgal Nation of the Torres Strait Islands, Pabai Pabai and Paul Kabai, sued the Commonwealth of Australia in the Federal Court of Australia. Their complaint alleged that the Australian federal government had a legal duty of care to protect Torres Strait Islander Peoples from the severe and lasting effects of climate change, and that the federal government had breached this duty of care by failing to adequately curb greenhouse gas emissions. The plaintiffs are seeking an order of the court mandating that the Australian federal government prevent this harm by cutting greenhouse gas emissions. This case is different from similar Australian climate cases (such as Sharma vs Minister for the Environment or Bushfire Survivors for Climate Action Incorporated vs Environment Protection Authority) because it is the first case in Australia to argue the entire Federal Government has a duty of care to protect its people from climate change, rather than suing individual government Ministers or agencies.

Background
(Summary of what led up to the case, more info on why the plaintiffs are suing (such as specific laws, violations, etc.), what defendants have said in response.)

Relevant Law and Principles

 * Paris Agreement, Art. 2, 3, 4
 * Urgenda Foundation v. State of the Netherlands: established an international precedent that a national government carries a duty of care to protect its people from climate harms by reducing greenhouse gas emissions.
 * Sharma v. Minister for the Environment: established a precedent that Australian governmental agencies and Ministers carry a duty of care to protect their people from climate impacts.
 * Torres Strait Treaty

Status
The plaintiffs' statement of claim was filed with the Federal Court of Australia on October 26th, 2021, and is still ongoing as of November 2021.

Takeaways
(What does this case and its outcome/potential outcome mean for climate change? How does this case relate to others? Will there be new precedent? If already decided, what did change?) This case could potentially mandate the Australian Federal Government to make drastic cuts in greenhouse gas emissions in order to

Links

 * https://www.australianclimatecase.org.au/about_the_case
 * https://www.theguardian.com/australia-news/2021/oct/26/fearful-of-losing-their-homelands-islands-are-taking-australia-to-court-over-climate
 * [Statement of Claim for Case]
 * Petition of Torres Strait Islanders
 * Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority

Include relevant links such as organizations, links to the original decisions/documents, or other more in-depth legal analyses of the case)