Corporate Climate Litigation in Australasia: (re)Shaping the Private Law-Climate Interface

Abstract

This paper by Professor Jacqueline Peeexamines the interface between climate change and private law in Australasia through the lens of corporate climate litigation, given its prevalence in the region. Corporate climate litigation concerns lawsuits raising climate issues (whether mitigation, adaptation or loss and damage), which utilize private law causes of action such as those under corporate, financial, consumer protection or tort law. The focus is on developments in Australia, which is one of the most innovative sites globally for corporate climate litigation, inspiring similar cases (including the landmark Smith v Fonterra lawsuit) in New Zealand. The paper explores the private law avenues utilized in corporate climate litigation in these jurisdictions and the resulting doctrinal adaptations occurring to address the challenges climate change poses. Comparative analysis of the Australasian corporate climate litigation experience illustrates the role the litigation itself is playing in (re)shaping private law to make it more suitable for addressing climate impacts.

Forthcoming as a chapter in Douglas Kysar & Ernest Lim, The Oxford Handbook on Climate Change and Private Law (Oxford University Press, 2026)