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Australia duty of carepublic authority liability

Sharma v Minister for the Environment

[2022] FCAFC 35
JurisdictionAustralia
CourtFull Federal Court of Australia
Year2022
StatusBinding authority

Summary

Full Federal Court overturned trial judge and held no novel duty of care is owed by the Environment Minister to Australian children when approving fossil fuel projects under climate change concerns.

Key Principle

The FCAFC overturned the trial judge's finding that the Minister owed a duty of care to Australian children in relation to climate change when approving fossil fuel projects; no novel duty of care was established.

Area of Law

environmental

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Lansen v Minister for Environment and Heritage (2008) 174 FCR 14

Full Federal Court considered EPBC Act controlled action approvals and the role of the precautionary principle in Australian environmental impact assessment law.

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