Minister for the Environment v Sharma
| Jurisdiction | Australia Federal only |
| Judgment Date | 15 March 2022 |
| Neutral Citation | [2022] FCAFC 35 |
| Date | 15 March 2022 |
| Court | Full Federal Court (Australia) |
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6 cases
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Knowles v Commonwealth of Australia
...34; 257 CLR 178 Melville on behalf of the Pitta Pitta People v State of Queensland [2022] FCA 387 Minister for the Environment v Sharma [2022] FCAFC 35 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; 231 FCR 437 Minister for Immigration and Border Protection v SZVFW [......
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Qantas Airways Ltd v Transport Workers' Union of Australia
...Pty Ltd [2002] FCA 513; 113 IR 326 Martin v Norton Rose Fulbright Australia [2021] FCAFC 216 Minister for the Environment v Sharma [2022] FCAFC 35 Newton v Australian Postal Corporation (No 2) [2019] FCA 2192; 292 IR 396 Norbis v Norbis (1986) 161 CLR 513 PIA Mortgage Services Pty Ltd v Kin......
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Australian Municipal, Administrative, Clerical and Services Union v Commissioner of Taxation
...experience and one into which considerations of policy and value judgments necessarily enter”: see Minister for the Environment v Sharma [2022] FCAFC 35 per Allsop CJ at [305], citing March v E & M H Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 per Mason CJ (with whom Toohey J and Gaudron J ......
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DIZ18 (by her litigation representative DJA18) v Minister for Home Affairs (No 2)
...[2007] HCA 6; (2007) 230 CLR 22 Lewis v Australian Capital Territory [2020] HCA 26; 271 CLR 192 Minister for Environment v Sharma [2022] FCAFC 35; 400 ALR 203 National Australia Bank Ltd v Bond Brewing Holdings Ltd [1991] 1 VR 386 Nationwide News Pty Ltd v Rush [2020] FCAFC 115; 380 ALR 432......
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7 firm's commentaries
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Sharma appeal decision: end of the road for novel duty of care?
...Federal Court of Australia has ruled on appeal in Minister for the Environment v Sharma [2022] FCAFC 35 that the Commonwealth Minister for the Environment does not owe a duty of care to Australian children to protect them from the physical harms of climate change which may arise in granting......
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The Climate Report | Fourth Quarter 2022
...emissions targets.The class action follows a decision of the full court of the federal court in Minister for the Environment v Sharma [2022] FCAFC 35 in March 2022 which held that the Commonwealth Minister for the Environment does not owe a duty of care to children in Australia to protect t......
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Wave Of Climate-Related Actions By First Nations Peoples Considered Precedent-Setting
...emissions targets. The class action follows a decision of the full court of the federal court in Minister for the Environment v Sharma [2022] FCAFC 35 in March 2022 which held that the Commonwealth Minister for the Environment does not owe a duty of care to children in Australia to protect ......
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Novel duties of care – Exercise of Ministerial power under statute.
...falling within the usual topics covered in this blog, Minister for the Environment v Sharma [2022] FCAFC 35 (on JADE) is an important appellate consideration of a potential duty of care by a Minister (in this case, the Minister for the Environment) when exercising statutory powers. In accor......
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2 books & journal articles
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Reconceptualising ‘Justiciability’: Crafting a Coherent Framework for Australia’s Unique Constitutional Context
...Shire Council(2014) 89 NSWLR 1; Roo Roofing Pty Ltd v Commonwealth [2019] VSC 331, 447 [455]; Minister for the Environment vSharma [2022] FCAFC 35, [7], [15]–[17], [244]–[266] (Allsop CJ) (‘Sharma’).23. See Brodie (n 22) 560 [106] (Gaudron, McHugh and Gummow JJ).24. [1982] AC 888 (‘Buttes ......
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Reconceptualising ‘Justiciability’: Crafting a Coherent Framework for Australia’s Unique Constitutional Context
...Shire Council(2014) 89 NSWLR 1; Roo Roofing Pty Ltd v Commonwealth [2019] VSC 331, 447 [455]; Minister for the Environment vSharma [2022] FCAFC 35, [7], [15]–[17], [244]–[266] (Allsop CJ) (‘Sharma’).23. See Brodie (n 22) 560 [106] (Gaudron, McHugh and Gummow JJ).24. [1982] AC 888 (‘Buttes ......