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Odette Adams

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Odette Adams is a Senior Associate in Baker McKenzie Sydney office.

A range of climate-related policies are likely to be introduced in Australia as the country looks to strengthen its climate position through a new federal government.
A range of climate-related policies are likely to be introduced in Australia as the country looks to strengthen its climate position through a new federal government.

The Federal Court of Appeal has today (15 March 2022) overturned a ground-breaking decision in the environment and climate sector. The original decision held that the Commonwealth Minister for Environment owed a common law duty of care to the under 18 Australian population to take reasonable care to avoid causing personal injury or death resulting from Australian carbon dioxide emissions. Today, the Full Federal Court in Minister for the Environment v Sharma [2022] FCAFC 35 overturned that decision and unanimously denied that such a duty of care should be imposed on the Minister. This judgement will have consequences on negligence and liability claims in environment and climate law as well as intergenerational equity obligations.