APPENDIX 1: CIVIL LITIGATION OUTCOMES

Matter Fishery Outcome/Status
Federal Court
Sahring & Ors v Commonwealth of Australia & Australian Fisheries Management Authority NTD9/2011 N/A Proceedings have commenced
Statutory Fishing Rights Allocation Review Panel
YGO Eden Pty Ltd v Australian Fisheries Management Authority SPF2010/01-01 Small Pelagic Fishery Hearing on 10 June 2011
Denis Brown v Australian Fisheries Management Authority SPF2010/02-01 Small Pelagic Fishery Hearing on 10 June 2011
Harry Mitchelson v Australian Fisheries Management Authority SPF2010/03-01 Small Pelagic Fishery Hearing on 10 June 2011

Significant matters

1. Sahring & Ors v Commonwealth of Australia & AFMA

On 19 April 2011, six Indonesian citizens commenced proceedings in the Federal Court of Australia in Darwin claiming compensation for trespass, conversion and false imprisonment for alleged wrongful seizure and destruction of eight fishing vessels in 2008 by Navy fisheries officers. The claim arises from the dismissal of criminal charges against a fisherman charged under section 101 for being equipped for fishing in a joint Indonesian/Australia jurisdiction area.

One defendant’s claim is being run as a test case.

2. Ygo Eden Pty Ltd, D Brown & H Mitchelson v Australian Fisheries Management Authority

Three applications were made to the Statutory Fishing Rights Allocation Review Panel for a review of a decision by AFMA granting, on a provisional basis, statutory fishing rights in the Small Pelagic Fishery. The hearing of the applications was held on 10 June 2011. The Panel handed down its decision on 4 July 2011, endorsing AFMA’s calculations of the rights available to be granted to eligible persons under the Small Pelagic Fishery Management Plan 2009. The finalisation of the proceedings enables AFMA to proceed to make the final grant.