Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment
| Jurisdiction | Australia Federal only |
| Judgment Date | 27 May 2021 |
| Neutral Citation | [2021] FCA 560 |
| Court | Federal Court |
| Date | 27 May 2021 |
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4 cases
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Minister for the Environment v Sharma
...v MacKellar [1981] FCA 191; 38 ALR 363 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; 49 NSWLR 262 Sharma v Minister for the Environment [2021] FCA 560; 391 ALR 1 Sharma v Minister for the Environment (No 2) [2021] FCA 774 Shirt v Wyong Shire Council [1978] 1 NSWLR 631 Sienkiewicz v Greif (UK......
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O'Donnell v Commonwealth of Australia
...283 Russian Commercial and Industrial Bank v British Bank for Foreign Trade Limited [1921] 2 AC 438 Sharma v Minister for the Environment [2021] FCA 560 Shop, Distributive and Allied Employees Association v Minister for Industrial Affairs (SA) [1995] HCA 11; 183 CLR 552 Sister Marie Brigid ......
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Minister for the Environment v Sharma (No 2)
...(No 2) [2022] FCAFC 65 Appeal from: Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560 Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment (No 2) [2021] FCA 774 File number: VID 389 ......
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Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment (No 2)
...Pty Ltd (No 2) [2017] FCAFC 158 Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment [2021] FCA 560 Stuart v Construction, Forestry, Mining and Energy Union (2010) 185 FCR 308 Zhang v Minister for Immigration, Local Government and Ethnic Affairs ......
16 firm's commentaries
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Sharma appeal decision: end of the road for novel duty of care?
...of greenhouse gas emissions management and abatement. The effect of the first instance decision in Sharma v Minister for the Environment [2021] FCA 560 was that the Commonwealth Minister needed to take into account the Court's findings on the human health impacts of climate change and the d......
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Cross-border investment and the environment: friends or foes?
...heritage and sacred sites. This follows the 2021 decision of the Australian Federal Court in Sharma v Minister for the Environment [2021] FCA 560. In that case, the Court found that the Minister for the Environment had a duty to take reasonable care to avoid causing personal injury to child......
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Cross-border investment and the environment: friends or foes?
...heritage and sacred sites. This follows the 2021 decision of the Australian Federal Court in Sharma v Minister for the Environment [2021] FCA 560. In that case, the Court found that the Minister for the Environment had a duty to take reasonable care to avoid causing personal injury to child......
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IPCC 2021 climate change report ' another tool for climate litigation?
...research in climate litigation in Australia Earlier this year, the Federal Court of Australia in Sharma v Minister for the Environment [2021] FCA 560 found that the Commonwealth Minister for the Environment has a duty to exercise discretion under the Environment Protection and Biodiversity ......
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3 books & journal articles
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FIXED CONSTITUTIONAL COMMITMENTS: EVALUATING ENVIRONMENTAL CONSTITUTIONALISM'S 'NEW FRONTIER'.
...United States, 217 F Supp 3d 1224 (D Or, 2016) ('Juliana'); La Rose v Canada [2020] FC 1008; Sharma v Minister for the Environment (Cth) (2021) 391 ALR 1, revd (2022) 400 ALR 304. See also Stacey, 'Climate Change' (n 24) (115) Weis (n 28) 855. (116) See, eg, Gerald N Rosenberg, The Hollow H......
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Intergenerational rights are children's rights: Upholding the right to a healthy environment through the UNCRC
...was overturned on appeal by the Full Court of the Federal Court of Australia.124. Sharma and others v Minister for the Environment [2021] FCA 560, 274.125. See Donger (n 108) 279 and Noam Peleg, ‘Has the Federal Court Put the Heat on the Environment Minister overClimate Change and Children’......
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The Case for Eco-Liability: Post Okpabi Justifications for the Imposition of Liability on Parent Companies for Damage caused to the Environment by their Subsidiaries
...and Others v Royal Dutch Shell plc [2021] Hague District Court C/09/571932 / HA ZA 19-379 and Sharma v Minister for the Environment [2021] FCA 560. 3 [2021] UKSC 3. 4 Brian Hutchinson, Keane on Company Law (5th edn, Bloomsbury Professional 2016) 5. 5 E.A. French, ‘The Origin of General Limi......