Appendix 2

Civil litigation outcomes

Table 12: Civil litigation outcomes

Matter

Fishery

Outcome/Status

High Court of Australia

Nil

Supreme Court

Nil

Federal Court

Sahring vs Commonwealth of Australia

Northern

A decision was handed down by the Federal Court on 1 April 2014 by Justice Mansfield. AFMA is in the process of resolving claims made by secondary applicants.

Aregar & Damaryanta vs Commonwealth of Australia & AFMA

Northern

Judgement was handed down on 27 April 2015 relating to criminal proceedings. The directions hearing for the associated civil forfeiture challenge in the Federal Court has been postponed until 24 September 2015 to allow for the applicant’s appeal against criminal convictions to be finalised.

Statutory Fishing Rights Allocation Review Panel

Nil

Significant matters

One applicant applied to the Federal Circuit Court seeking damages in relation to the transfer of Statutory Fishing Rights. The matter was resolved without the need for formal court proceedings.

AFMA has one matter before the Administrative Appeals Tribunal where a fisher has sought review on a concession condition limiting the catch of snapper in the central zone of the Southern and Eastern Scalefish and Shark Fishery. The matter is yet to be listed for hearing.