APPENDIX 1: CIVIL LITIGATION OUTCOMES

Matter Fishery Outcome/Status

Sahring & Others v the Australian Fisheries Management Authority & the Commonwealth of Australia

N/A Proceedings have commenced

Significant outcomes

1. Sahring & Others v AFMA & the Commonwealth

The first applicant’s case in Sahring & Others v AFMA & the Commonwealth was heard in the Federal Court in Darwin in April 2012. The case was adjourned to 30 August 2012.

Legal proceedings commenced against AFMA and the Commonwealth on 19 April 2011 when six applicants challenged the apprehension and forfeiture of nine Indonesian fishing vessels in April 2008. Applicants are seeking damages personally for the alleged unlawful detention of one of the applicants.

It is alleged that officers’ actions were beyond their powers in the Fisheries Management Act 1991. The applicants all claim they were in the area lawfully and the officers deliberately, wrongfully and without authority, intervened destroying their vessels and depriving the applicants on board of their liberty.

The first applicant’s case is being treated as a test case for the five other applicants involving the other eight vessels.