We have just wrapped a momentous week in Melbourne (Naarm), with Uncle Pabai and Uncle Paul for their Climate Case Appeal.

Over four big days, the Full Federal Court heard oral submissions from the Uncles’ exceptional legal team, Phi Finney McDonald, and counsel led by Fiona McLeod SC and Sera Mirzabegian SC, as well as the Commonwealth.

While spirits were high, so were the stakes.

As the years have passed since filing the case, we’ve seen our worst fears for the Torres Strait unfold. In January, king tides pushed water higher across the Torres Strait than ever before. Saibai and Boigu are predicted to be underwater within 24 years.

We at Grata are so proud to continue to stand alongside Uncle Pabai, Uncle Paul, Aunty McRose Elu, and their communities as they fight courageously to protect their islands, and seek the accountability and remedy they are owed.

Elena, you should feel proud too. None of what we achieve together is possible without the support of our Grata Community. Thank you.

Here are a few highlights from the week that was…

After months of preparation, Uncle Pabai Pabai, Uncle Paul Kabai, Aunty McRose Elu, and community leaders Benny Dau, Chelsea Aniba, and Aunty Selina Kabai flew from the Torres Strait to chilly Melbourne for our big week, supported by our Grata Community.

The first order of the week was a welcome event at Oxfam, where Wurundjeri Elder Aunty Zeta welcomed us to Country, and held a Smoking Ceremony.

The Uncles gifted the Oxfam First Peoples team a traditional Torres Strait mat, which holds great cultural significance.

Then came the big day: our first day of hearings, our Welcome Ceremony outside court, and a huge day of media. At the Welcome Ceremony, the Uncles and Aunty gave speeches in front of gathered media and wonderful supporters from across the country.

Throughout the week, Aunty McRose, Uncle Pabai, Uncle Paul, Benny, and Chelsea shared powerful stories across national media, reaching hundreds of thousands people across the country. While the court case is vital, the storytelling and campaigning outside of court is just as important for catalysing government action.

They appeared on ABC Breakfast TV, ABC RN, 7 News TV, were syndicated widely via AAP newswire and Newscorp publications, and appeared in many more outlets.

Inside court, the Uncles’ legal team put their arguments forward first, then we heard from the Commonwealth. The Uncles’ appeal argues three main things: 

• That the Commonwealth does owe a duty of care to Torres Strait Islander communities when it sets emissions targets
• That the Commonwealth’s excessive emissions caused by setting targets with no regard to the science are a legal cause of harm.
• That cultural harm is compensable under Australian law.

It’s the first time an Australian appeal court will rule on whether the government owes its people a duty of care on climate.

The Commonwealth once again sought to minimise the significance of cultural loss, submitting that the loss of culture and spirituality (Ailan Kastom) caused by climate change was akin to the distress experienced when "someone's church building burns down" - a deeply hurtful and minimising comparison that ignores First Peoples' unique connection to Country, culture and Ailan Kastom.

And now, we continue to push for climate accountability beyond the courtroom.

Over the coming months while Uncle Pabai and Uncle Paul await the outcome of the appeal, we will continue to work with Torres Strait communities, Elders and emerging leaders to build power and amplify their stories. We’re planning more campaign building workshops in the Torres Strait, and a visit to Canberra, where Torres Strait leaders will meet with key decision-makers.

The journey is not over, and as Aunty McRose says, we stand together in defiant hope.