Judicial Commission of NSW Annual Report 2017-18

Judicial Commission of NSW — Annual Report 2017–18 32 Continuing judicial education Australia has been at the forefront of litigation about adapting to the impacts of climate change and limiting greenhouse gas emissions. Australia has had more climate-related cases than any jurisdiction in the world outside the United States, and has led the world in cases addressing adaptation concerns. Most cases in Australia have focused on local and State-based land use and environment, questions about coal-fired power plants or community development choices. The existence of specialised environmental courts and planning tribunals at State level has encouraged the litigation’s more local focus. Unlike the United States, Australia lacks a comprehensive environmental statutory regime at the federal level with strong third party enforcement provisions. As innovative forms of litigation emerge around the world, questions arise over how Australian climate change litigation might develop in the future. What lessons can it learn from other jurisdictions? What forms might a “next generation” of climate litigation take? To address these questions, we organised a seminar for judicial officers presented by academic experts in the field, Professor Jacqueline Peel, Melbourne University Law School and Dean Hari Osofsky, Pennsylvania State University. The seminar also considered future pathways based on Australia’s legal system and comparisons with other jurisdictional approaches. We also published an article on the subject in the Judicial Officers’ Bulletin , a monthly newsletter sent to all judicial officers and available on the Judicial Information Research System. 75% of participants who attended the seminar considered the seminar enhanced their judicial knowledge and capability. Professor Jacqueline Peel, Melbourne University Law School was co-presenter at our seminar on climate change litigation. Dean Hari Osofsky, Pennsylvannia State University was co-presenter of this session. The rise of climate change litigation led the Commission to organise a seminar to consider Australian and international developments. Case study: Informing judicial officers about climate change litigation