National and international perspectives on climate change litigation
Date
2024
Authors
Gray KC, T.
Nosworthy, B.
Gillam, A.
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Journal article
Citation
Australian Bar Review, 2024; 54(1):16-41
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Thomas Gray K. C., Beth Nosworthy, Astrid Gillam
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Abstract
Court proceedings involving climate change issues have become increasingly frequent and often attract significant media attention. Courts, both in Australia and overseas, have grappled with the issue of what role, if any, the judicial system should have in responding to climate change and its effects. It has also been the subject of debate by the judiciary writing extra-curially, academics and practising lawyers. This article considers the approach of Australian courts and the common law jurisdictions of the UK, Canada and New Zealand as well as briefly touching on the Netherlands’ experiences. A detailed analysis of decisions in this area shows that courts are reluctant to intervene on issues they consider best dealt with by Parliament. The article contrasts companies law in Australia, the UK and Canada in respect of directors’ duties. The article concludes that in the jurisdictions considered, both directors’ duties under companies legislation and ‘greenwashing’ under legislation prohibiting misleading and deceptive conduct are areas which are amenable to future climate change litigation proceedings.
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