Analyzing the Next Generation Climate Change Litigation in Australia

This article from the Melbourne University Law Review delves into the evolving landscape of climate change litigation in Australia, focusing on the emergence of a 'next generation' of cases. It examines the drivers behind these lawsuits, including international legal developments, advancements in climate science, and changing business attitudes towards climate risk. The article explores potential legal avenues for these next-generation cases, such as actions similar to the Urgenda case, and the possibility of suing companies and their directors. It also analyzes the relationship between first-generation and next-generation litigation, as well as the enablers and challenges that these new cases may face. The authors argue that a strategic approach combining both lower-risk and innovative litigation strategies is crucial for maximizing the impact of climate change litigation in Australia, and they highlight the importance of collaboration and resource allocation to achieve significant policy and regulatory changes. The article concludes by emphasizing the opportunity to shape the future of climate change litigation in Australia, providing a lead for the common law world.