2016 - Shaping the Next Generation of Australian Climate Change Litigation

Shaping the Next Generation of Australian Climate Litigation

Facilitators: Professor Jacqueline Peel and Dr Anita Foerster

Thursday 17 November, 2016


10-10.15 Introduction and Aims of the Workshop - Jacqueline Peel, University of Melbourne

10.15-11 Roundtable Discussion

*What is ‘next generation’ climate litigation?
*What are the drivers and barriers for next generation climate litigation?
*How does it interact with first generation litigation?

11-11.15  Coffee Break

11.15 -1.15 Avenues for Next Generation Climate Litigation

*What are the emerging options?
*How do these compare with previous climate litigation models?

oTorts? - Negligence and Public Nuisance? An Urgenda case in Australia? – Tim Baxter, University of Melbourne
oCorporations / Securities law avenues – Sarah Barker, MinterEllison
oPublic Trust Doctrine & Rights-based Litigation (drawing on US experience) – Hari Osofsky, University of Minnesota
oAdaptation Litigation going forward – Tayanah O’Donnell, University of Canberra
oReflections on Queensland Coal Litigation – a continuing role for statutory & administrative avenues? – Sean Ryan, EDO Qld


2.15 – 3.15 Taking Next Generation Climate Litigation Forward

*Using climate change science in litigation - David Karoly, University of Melbourne
*Procedural issues, courts, substantive causes of action, building networks – Ariane Wilkinson, Environment Justice Australia
*Strategic partnering / facilitative litigation – Anita Foerster, University of Melbourne

3.15 – 3.30  Wrap-up & Coffee