2025 has seen significant developments in climate litigation. The Federal Court ruled that the Australian Government does not have a duty of care to protect Torres Strait Islanders from climate change, only a week prior to the International Court of Justice handed down its momentous Advisory Opinion on the Obligations of States in respect of Climate Change.

At the heart of these sorts of claims for climate-related damages against corporate and government actors is attribution science. How the court uses this science is fundamental to the success – or not – of the case.

In this conversation, we will discuss the latest trends and what they mean for climate liability claims in the future, while examining the process of presenting expert evidence in court.

Presenters:

Emrys Nekvapil SC (practicing counsel at the Victorian Bar with extensive practice in climate change litigation)

Professor Jacqueline Peel (Laureate Fellow on Global Corporate Climate Accountability)