action ready: legal resources for the climate movement · 3.mobilising the legal profession to...
TRANSCRIPT
We, the undersigned, acknowledge that the laws and customs of Aboriginal and Torres Strait Islander nations cared for the Australian continent and islands for more than 60,000 years. Our laws must continue to protect this land and its inhabitants, in
the future. We, the undersigned, call on the Law Council of Australia and its constituent bodies
to declare a climate emergency in recognition of the need for urgent action to address the climate crisis. We also call on the Law Council of Australia and its
constituent bodies to back the declaration up with urgent action, including:
1. Supporting members of the legal profession who wish to participate in the September 20 Climate Strike, and their employers, through involvement in initiatives such as the Not Business As Usual Alliance.
2. Mobilising pro bono legal resources to assist the communities most affected by the climate crisis, including Aboriginal and Torres Strait Islander communities, communities affected by natural disasters and drought, and communities transitioning away from fossil fuel-based industries.
3. Mobilising the legal profession to develop and support independent legal observer projects to observe interactions between the police and the public during climate strikes.
4. Highlighting the shared nature of the professional responsibility of lawyers to be aware of and act on climate change issues by developing and implementing a framework for lawyers to adopt a climate conscious approach in their daily legal practice, consistent with legal ethics.
5. Promote improvement of the law in relation to climate change for the benefit of the community.
6. Through its Climate Change committee and other mechanisms, advise governments about the legal implications of climate change and appropriate law reform or strategies, including measures to support achievement of the Paris Agreement aims of limiting temperature increases to 1.5 degrees above pre industrial levels.
7. .
Action Ready: Legal Resources for the Climate Movement Andrew Pyke Consulting
Australian Earth Laws Alliance Australian Lawyers for Human Rights
Australian Network of Environmental Defenders Offices Elizabeth Evatt Community Legal Centre
Environmental Justice Australia Grata Fund
Griffith Law School Hub Community Legal
Muslim Legal Network Queensland Phi Finney McDonald
Townsville Community Legal Service Inc
SUPPORTING ORGANISATIONS
BACKGROUND The cost of the climate crisis is significant and includes infrastructure loss, storm damage, ocean
acidification, climate refugees, drought, fires, floods, melting glaciers, famine, species extinctions, water scarcity, infectious disease, sea level rises, political instability and loss of our way of life. In its 2018 Annual Global Risks Report, the World Economic Forum ranked extreme weather, natural disasters, and failure to mitigate and adapt to climate change among the top 10 global risks that countries could face in 2018.1 In the absence of effective action to reduce emissions, global warming is likely to reach between 3.7 °C and 4.8 °C above pre-industrial levels by the end of the century.2
The Australian Government’s own projections show that Australia is not on track to reach our national emissions reduction target under the Paris Agreement of 26-28% by 2030 (below 2005 levels). In order to meet our current emissions target, Australia will need policies to reduce emissions by an extra 695 – 762 million tonnes of greenhouse gas pollution between 2021-2030.3 These policies must include a transition to 100 percent renewable energy generation and exports by 2030 and just transitions and job creation for fossil fuel-based industries.
Climate change is increasingly infiltrating daily legal practice, given the plethora of ways in which
the climate crisis manifests as legal, financial and reputational issues for our clients.4 Lawyers therefore, have a unique and tangible role to play in “instigating and shaping tipping points for business change”5 through client counselling and holistic legal advice on the consequences, costs and uncertainties associated with different courses of action.6
Climate change is also a human rights issue with justice implications and impacts.7 In its 2016 State of the Environment Overview, the Australian Department of Environment and Energy acknowledged that “people who are socially and economically disadvantaged are the most sensitive to climate change”.8 Vulnerable communities are disproportionately affected by climate change and have less ability to adapt or recover from it. The responsibility of lawyers to enhance access to justice for people who would not otherwise have access to legal assistance and to work for the public good is well entrenched in our profession. The responsibility of lawyers to be aware of and act on climate change issues in their daily legal practice is a natural extension of this.
SUPPORTING INDIVIDUALS • Jacqueline Abboud, Student, RMIT • Ashleigh Agosta • Emily Ahrens, Solicitor • Sanjay Alapakkam, UNSW Law Student • Victoria Allen, Law Graduate • David Ananian-Cooper, Barrister • Dr Rebecca Ananian-Welsh, Senior Lecturer,
TC Bernie School of Law, The University of Queensland
• Thalia Anthony, Law Student • Donald K. Anton, Professor of International
Law, Director, Law Futures Centre, Griffith University
• Dr Elena Aydos, Senior Lecturer, Newcastle Law School
• Professor Paul Babie • Alexander Baird, JD Student, RMIT University • Kerry Baker, JD Student, RMIT • Sharmilla Bargon, Solicitor, Employment Law
Practice, Redfern Legal Centre • Greg Barns, Barrister, Salamanca Chambers,
Hobart, Sessional Lecturer, JD Program, Graduate School of Business and Law
• Professor Lorana Bartels, Criminology Program Leader, Fellow, Australian Academy of Law, ANU Centre for Social Research and Methods
• Dr Susan Bartie, Law Lecturer, University of Tasmania
• Sandra Di Bartolomeo, Legal Consultant • Sophie Belmonte, Law Student, Charles Sturt
University • Dr Felicity Bell, Solicitor, UNSW Law • Dr Justine Bell-James, Senior Lecturer, TC
Bernie School of Law, The University of Queensland
• Krystal Bellamy, Solicitor • Erin Bennett, JD Student, RMIT University • Lauren Benson, Lawyer, Canberra • Professor Katherine Biber, Faculty of Law,
University of Technology Sydney • Dr Philip Birch, Centre for Law & Justice,
Charles Sturt University
• Sophie Boden, Solicitor • Ben Boer, Emeritus Professor, The
University of Sydney Law School • Cheryl Bonnefin, Law Graduate • Stephanie Booker, CEO and Principal
Solicitor, Environmental Defenders Office ACT
• Claire Bookless, Lawyer, Environmental Defenders Office (Tasmania)
• Dr Louise Boon-Kuo, Lecturer, University of Sydney Law School
• Dr Keely Boom, Lawyer and Executive Officer, Climate Justice Programme
• Laurence Boulle AM, Adjunct Professor of Law, Australian Catholic University, Bond University, University of the Witwatersrand and University of the South Pacific
• Sean Bowes, Solicitor • Michael Bradley, MARQUE Lawyers • Professor Simon Bronitt, Head of School
and Dean, Sydney Law School, University of Sydney
• Jennifer Brown, PhD Candidate, University of Tasmania, School of Law
• Catherine Browning, Lawyer • Leisha Browning, In-house Counsel on
demand • Jo-Anne Bragg, Solicitor, CEO,
Environmental Defenders Office (Qld) Inc. • Sarah Breusch, Solicitor, University of
Newcastle Legal Centre • Georgia Brinkworth, Law Student • Rebecca Bunting, Law Graduate • Micah Burch, Senior Lecturer, University of
Sydney Faculty of Law • Louisa Burke, Solicitor • Peter Burdon, Associate Professor, Adelaide
Law School • Dr Sarah Butcher, Academic • Dr Chris Butler, Lecturer, Griffith Law
School, Griffith University
• Amy Cahill, Law Graduate • Nick Carey, Law Student • Christina Carney • Dr Judy Cashmore AO FAcSS, Professor of
Socio-Legal Research and Policy • Anthony Cassimatis, Professor, University
of Queensland Law School • Sonia Caton, Lawyer • Jason Chin, Law Lecturer • Francesca Ciantar, Solicitor • David A Cole, Environmental Lawyer • Dr Tim Connor, Senior Lecturer, Newcastle
Law School • Darren Cooke, B.Eng, Student RMIT JD • Associate Professor Anna Copeland,
Director of Clinical Legal Programs, Murdoch University
• Professor Annie Cossins, Faculty of Law, University of New South Wales
• Dr Karen Crawley, Senior Lecturer, Griffith Law School
• Dr Liz Curran, Associate Professor, School of Legal Practice, ANU College of Law
• Jess Dale, Solicitor • Zuong Dang • Beth Davey, Law Student • Margaret Davies, Matthew Flinders
Distinguished Professor, College of Business, Government, and Law, Flinders University
• Alice de Jonge, Senior Lecturer, Monash Business School, Volunteer Migration Agent Refugee Legal
• Andrea de Smidt, Solicitor • Thea Deakin-Greenwood, Solicitor & Victim
Advocate • Samantha Devaney, JD Student and Social
Worker • Professor Joachim Dietrich, Faculty of Law,
Bond University • Clair Duffy, Senior Teaching Fellow, Bond
University • Peggy Dwyer, Barrister, Forbes Chambers
SUPPORTING INDIVIDUALS • Karen Dyhrberg, Lawyer • Liam Elphick, Adjunct Research Fellow,
University of Western Australia Law School • David Eldridge • Ourania Emmanouil, RMIT University • Talia Epstein, Barrister • David Evenden, Solicitor Advocate, Legal
Aid NSW • James Farrell, OAM, Associate Adjunct
Professor, School of Law, University of New England
• Robert Fatchen, JD Student, RMIT University
• Anneka Ferguson, Senior Lecturer, ANU College of Law
• Aaron Finn, Solicitor • Fiona Fitzpatrick, Director, Clinical Legal
Education Program, Griffith University • Arlia Fleming, Principal Solicitor, Elizabeth
Evatt Community Legal Centre • Dr Adam Fletcher, Lecturer, Graduate
School of Business and Law, RMIT University • Dr Anita Foerster, Senior Lecturer,
Department of Business Law and Taxation, Monash University
• Adjunct Professor Rob Fowler, University of South Australia
• Sarah Flynne, Solicitor, Environmental Defenders Office, WA
• James Gabrielsson, Solicitor • Elizabeth Gallagher, Solicitor • Lauren Gasparini, MARQUE Lawyers • Alison Gerard, Charles Sturt University,
Centre for Law and Justice • Helen Gibbon, Senior Lecturer, University of
New South Wales Law • Wanita Gibbs, Western NSW Community
Legal Centre • Frances Gibson • Giselle Ginnane, MARQUE Lawyers
SUPPORTING INDIVIDUALS • Fiona Glenister, Law Graduate and
Paralegal • Dr Brendan Gogarty, Director of Clinical
Practice, University of Tasmania, Barrister & Solicitor (Tas, HCA)
• Dr Beth Goldblatt, Associate Professor, University of Technology Sydney, Faculty of Law
• Emma Golledge, Solicitor • Guy Goodwin-Gill, Professor, UNSW/Kaldor
Centre for International Refugee Law • Dr Nicole Graham, Associate Professor,
Sydney Law School, The University of Sydney
• Hayley Grainger, Solicitor • Hayley Grant, Law Student, RMIT • Kate Grudzinskas, Solicitor, Environmental
Defenders Office (Qld) Inc • Shivika Gupta, Student, University of New
South Wales • Ellie Haas, Solicitor, knowmore Legal
Service • William Hade, Law Student, RMIT University • Callum Hair, Solicitor, Legal Aid NSW • Jamal Hakim, JD Student, RMIT • Ruby Hamilton, Solicitor, Environmental
Defender's Office WA • Carly Hanson, Community Legal Centres
Queensland • Corey Harrison, Solicitor • Judy Harrison, Senior Lecturer, ANU
College of Law • Jillian Heeley, Barrister and Solicitor • Louisa Henderson • Isabel Hertaeg, Law Student, RMIT
University • Miss Emily Hocking, JD Student, RMIT
University • Ursula Hogben, NSW Solicitor and Notary
Public • Mark Holden, Solicitor • Vivien Holmes, Associate Professor, ANU
College of Law
• Dr Anthony Hopkins, Senior Lecturer and Barrister, Director - Law School Clinical and Internship Course, ANU Law School
• Fleur Hopkins, Solicitor • Paula Hughes, Solicitor • Carla Hulls, JD Student, RMIT • Hilary Hunt, RMIT JD Student • Jonathon Hunyor, CEO Public Interest
Advocacy Centre • Megan Inglis, Solicitor • Katrina Ironside, Solicitor • Christina Jackson, Solicitor • Aurélie Jacquet • Dr Aline Jaeckel, Law Lecturer, University
of New South Wales • Cameron Jang, Solicitor • Meryem Jefferies, Law Graduate, Bachelor
of Laws, Charles Sturt University • Laura Johns, Solicitor • Hope Johnson, Lecturer, QUT • Eva Johnston, RMIT Law Student • Dr Anne Kallis, Juris Doctor Program
Director, Senior Lecturer, Law, RMIT, Graduate School of Business and Law
• Illy Kaplan, Law Graduate • Aaranie Karthikeyan, Solicitor • Sam Keely, JD student, RMIT University • Nicole Kennedy, Tenancy
Coordinator/Solicitor, Redfern Legal Centre • Olivia Kilponen, UTS Law Graduate • Rachel Kong, MARQUE Lawyers • Edvina Kuburas, RMIT Law Student • Andrew Kwan, Solicitor, Environmental
Defenders Office (Qld) • Rose Lamont, LLB Hons. • Associate Professor Kay Lauchland, Law
Faculty, Bond University • Cameron Lavery, Solicitor • Rob Leonard, Solicitor, PwC
SUPPORTING INDIVIDUALS
• Asia Lenard, Solicitor • Rebekah Leong, Solicitor • Dr Michelle Lim, Adelaide Law School • Miss Lisa Liu, Law Student • Sarah Loewy, Lawyer • Emily Long, Solicitor • Professor Rosemary Lyster, Professor of
Climate and Environmental Law, University of Sydney Law School
• Edwina MacDonald, Solicitor • Jessie MacGillivray, Solicitor • Joanne Mackay • Tim Macknay, Principal Solicitor,
Environmental Defender’s Office WA • Eliza Maddock, JD Student, RMIT University • Amy Maguire, Associate Professor of
international law and human rights, Newcastle Law School
• Freya Manning, Teacher • Dr Michelle Maloney • Rebecca March, Lawyer and Academic, La
Trobe University • Leah Marrone, Lawyer • Jessica Marsh, Solicitor • Eugenio Vergara Marshall, Lawyer • Hannah Marshall, MARQUE Lawyers Pty
Ltd • Emilia Martin, JD Student, RMIT • Elaine Mason • Dr Kate Mathews-Hunt, Honory Adjunct
Assistant Professor, Faculty of Law, Bond University, Senior Counsel, Mathews Hunt Legal
• Shannon May, Marketing and External Engagement, Faculty of Law, Bond University
• Dr Phillipa McCormack, Lecturer in Law, University of Tasmania
• Emma McDonald, Solicitor • Professor Jan McDonald, Faculty of Law,
University of Tasmania • Haley McEwen, Solicitor, MNCCLC and
Lecturer, Charles Sturt University Centre for Law & Justice
• Dr Nicola McGarrity, Senior Lecturer, Faculty of Law, University of New South Wales
• Dr Chris McGrath, Barrister • Fiona McIntyre, Sessional Law Lecturer,
RMIT University • Dr Carolyn McKay, Lecturer in Law,
University of Sydney Law School • Kim Middleton, MARQUE Lawyers • Steven Miles, Academic, Charles Sturt
University • Bill Mitchell, Solicitor • Dr Tanya Mitchell, Senior Lecturer, The
University of Sydney Law School • Sarah Mogharrebin, Lawyer • Jayashree Mohan, Juris Doctor Law
Program, RMIT University • Professor Bronwen Morgan, Faculty of
Law, UNSW Sydney • David Morris, Chief Executive Officer -
Solicitor, Environmental Defenders Office • Dr Sarah Moulds, Lecturer, School of Law,
University of South Australia • Kath Naish, Solicitor • Melinda Nash • Maria Nawaz, Lecturer, UNSW Human
Rights Clinic • Dr Bronwyn Neill, PhD • Maria Nicolae, Assistant Professor, Faculty
of Law, Bond University • Professor Mary Anne Noone, School of
Law, La Trobe University • Cathryn Nolan, Solicitor, Nolan Legal • Brynn O'Brien, Executive Director,
Australasian Centre for Corporate Responsibility
• Kerry O’Brien, Solicitor • Danielle O’Connor, Solicitor • Dr Erin O’Donnell, Academic Fellow,
Melbourne Law School • Clare O'Meara, Law Student, RMIT
University, Legal Assistant, Victoria Legal Aid • Anne O'Rourke, Lawyer • Melanie O'Sullivan, Solicitor • Dr Alice Orchiston, University of New South
Wales Law
SUPPORTING INDIVIDUALS • Graeme Orr, Professor, University of
Queensland Law School • Nalika Padmasena, Solicitor NSW • Trent Pakarinen-Stephens, Law Student • Dr Emma Palmer • Stephanie Payne, JD Student, RMIT
University • Dr Alison Pert, University of Sydney • Emma Phillips, Senior Lawyer, Queensland
Advocacy Incorporated • Cassandra Pickering, LLB (Hons) • Revel Pointon, Solicitor, Environmental
Defenders Office (Qld) • Andrew Pyke, Senior Consultant, Andrew
Pyke Consulting • Rosie Rand, JD Student, UNSW • Roba Rayan, President, Muslim Legal
Network Queensland • Janelle Rees, Legal Academic & Small
Business Owner • Isabelle Reinecke, Executive Director and
Solicitor, Grata Fund • Irena Reiss, Lawyer • Brigitte Rheinberger, Solicitor • Mark Riboldi, Advocacy & Communications
Manager, Community Legal Centres NSW • Dr Marco Rizzo, Senior Lecturer, UWA Law
School • Ashley Margaret Rooney, Solicitor • Natasha Rose, Australian Pro Bono Centre • Emma Louise Russack, Student, RMIT
University • Alana Ryan, Law Student, Deakin University • Jane Sanders, Solicitor • Naim Santoso-Miller, Solicitor,
Environmental Defenders Office of Northern Queensland
• Miss Isabella Satz • Diana Sayad, International Human Rights
Lawyer • Daphne Schilizzi, Lawyer • Alicia Schubert, Solicitor & ILP Director,
Schubert Law Pty Ltd
• Melanie Schwartz, Senior Lecturer, University of New South Wales Law
• Dr Vicki Sentas, Faculty of Law, University of New South Wales
• Erina Shahriyar, Student, Monash University
• Kate Shaw • Matt Sheedy • Joanna Shulman, CEO, Redfern Legal
Centre • Nicola Silbert, Lawyer • Dr Natalie Silver, Lecturer, University of
Sydney, Faculty of Law • Monika Smith, Legal Counsel • Paul Smyth, Solicitor • Nicole Sommer, CEO & Principal Lawyer,
EDO Tasmania • Professor Tim Stephens, Professor of
International Law and ARC Future Fellow, University of Sydney Law School
• Lindsey Stevenson-Graf, Senior Teaching Fellow, Faculty of Law, Bond University
• Penny Sullivan, Community Legal Centres Queensland
• Charlotte Sutcliffe, Solicitor • Professor Carolyn Sutherland,
Department of Business Law and Taxation, Monash University
• Professor Dan Jerker B. Svantesson, Faculty of Law, Bond University
• Jacquie Svenson, Solicitor/Clinical Teacher, University of Newcastle Legal Centre
• Brendan Sydes, CEO and Lawyer, Environmental Justice Australia
• Evelyn Tadros, Barrister • Karen Taranto, JD Student • Pamela Taylor-Barnett, Lecturer, ANU
College of Law
SUPPORTING INDIVIDUALS
• Sian Thomas, Legal Director, Sian Thomas Lawyers
• Sibila Thompson, Law Graduate • Jane Titterington, Principal Solicitor, Mid
North Coast Community Legal Centre • Miss Ariel Tonkies • Dan Toohey, Solicitor, University of
Newcastle • Laura Toose, Solicitor, Australian Nursing
and Midwifery Federation • Jessica Townsend, Law Graduate • Linda Tucker, Solicitor/CLSD Coordinator,
Shoalcoast Community Legal Centre Inc. • Ben Tuckett, Solicitor • Mitali Tyagi • Andrea van der Kuijlen, Solicitor • Rochelle Vincent, Dispute Resolution
Centre Coordinator, Faculty of Law, Bond University
• Daisy von Schoenberg, MARQUE Lawyers
• Monica Taylor, Director, University of Queensland Pro Bono Centre
• Simone Thackray, Lecturer, Charles Sturt University
• Ms Katrina Jean Thomas • Jackson Walkden-Brown, Associate
Professor, Bond University Faculty of Law • Kirstiana Ward, Principal Solicitor
Environmental Defenders Office NQ • Dr Ben Wardle, Lecturer in Law, USC • Nella Watson-Lowe, Legal Practitioner • Danielle Watts, RMIT JD Student • Dr Alex Wawryk, Law School, University
of Adelaide • Professor Kimberlee Weatherall,
University of Sydney Law School • Deanne Weir, Chairperson, Grata Fund • David Weisbrot, Emeritus Professor of
Law • Professor Penelope Weller, Graduate
School of Business and Law, RMIT University
• Joseph Wenta, PhD Candidate, Faculty of Law, University of Tasmania
• Ms Julia White • Dr Steven White, Senior Lecturer, Griffith
Law School • Alex Whitney, Solicitor • Benedict Wong, Law Graduate • Katie Wood, Legal Counsel • Dr Tamara Wood, Lecturer, Faculty of Law,
University of Tasmania • Dr John Woodward, Associate Lecturer,
School of Law, University of Newcastle • Skye Worth, Solicitor • Dr Michelle Worthington, Lecturer, ANU
College of Law • Katie Wrigley, Senior Solicitor, Legal Aid
NSW • David Yang, Solicitor • Carla Yazmadjian, former ALSWA lawyer • Nadja Zimmermann, Solicitor
REFERENCES
1 Holly Ellyatt, “World entering ‘critical period of intensified risks’ in 2018, WEF says,” CNBC, January 18, 2018. https://www.cnbc.com/2018/01/17/world-entering-critical-period-of-intensified-risks-in-2018-wef-says.html 2 IPCC Climate Change Synthesis Report: Summary for Policy Makers, 2014, p. 20. https://www.ipcc.ch/site/assets/uploads/2018/02/AR5_SYR_FINAL_SPM.pdf?fbclid=IwAR3gkg1oG_5iozuePiKxZmCIQ4camQDQN6_kL4teQVZ7LZVRcb1mKSHfQx4. 3 Australian Government, Department of the Environment and Energy, Australia’s emissions projections 2018, December 2018 http://www.environment.gov.au/system/files/resources/128ae060-ac07-4874-857e-dced2ca22347/files/australias-emissions-projections-2018.pdf?fbclid=IwAR3Am7LzUfXt3NPOdsf_mZ8F-SJE94DqBkAWboVjY4fraQXMNaPApCPMrj0 4 Advocates for International Development: Lawyers Eradicating Poverty, What Lawyers Can Do About Climate Change, The Dickson Pool School of Law, Kings College, London, November 2, 2016. https://www.kcl.ac.uk/law/research/centres/climate-law-and-governance/docs/what-lawyers-can-do-about-climate-change-briefing-paper.pdf. 5 Advocates for International Development: Lawyers Eradicating Poverty, Ibid. 6 The Hon Justice Brian J Preston SC, Chief Judge, Land and Environment Court of New South Wales, Australia. Implementing a climate conscious approach in daily legal practice, Australian & New Zealand Legal Ethics Colloquium Fifth Bi-Annual Meeting: Sustainable Legal Ethics, Public Symposium ‘Should Lawyers Challenge Emitters?’, December 4, 2015, Monash University Law Chambers, Melbourne. http://www.lec.justice.nsw.gov.au/Documents/Speeches%20and%20Papers/PrestonCJ/PrestonCJ%20Implementing%20a%20climate%20conscious%20approach%20in%20daily%20legal%20practice.pdf 7 The Hon Justice Brian J Preston SC, Chief Judge, Land and Environment Court of New South Wales, Australia, Ibid 8 Australian State of the Environment Overview, 2016, Department of Environment and Energy. https://soe.environment.gov.au/theme/overview/headlines.