APPENDIX 2
Civil litigation outcomes

The following table identifies civil litigation outcomes for matters open in 2016–17.

Matter

Fishery

Outcome/Status

Federal Court

Mustafa & Ors v Commonwealth of Australia and Anor.

Attempts to challenge a foreign fishing vessel apprehension.

Foreign

Matter finalised

Consent order made by the court on 17 August 2016 dismissing claims, (no payment made).

Aregar & Damaryanta v the Commonwealth & AFMA

Attempts to challenge a foreign fishing vessel apprehension.

Foreign

Matter is ongoing.

Civil Litigation matter adjourned pending Criminal Appeal proceedings (31 August 2017)

Statutory Fishing Rights Allocation Review Panel

Nil

Administrative Appeal Tribunal

Whish-Wilson; Australian Fisheries Management Authority and (Freedom of Information) [2017] AATA 1098 (10 July 2017)

Small Pelagic

Matter finalised pending expiration of appeal period on 7 August 2017.

Office of the Australian Information Commissioner

Environment Tasmania and Australian Fisheries Management Authority

AFMA refused access to some of the documents sought based on s47 (trade secrets etc), s47E (prejudice or have a substantial adverse effect on agency operations), s47F (personal privacy) and s47G (business information) of the FOI Act.

Small Pelagic

Ongoing

Applicant appealed to the Information Commissioner – awaiting decision.

Greenpeace (EDO) and Australian Fisheries Management Authority

AFMA refused access to some of the documents sought based on s47 (trade secrets etc), s37 (prejudice an investigation), Section 47E (prejudice or have a substantial adverse effect on agency operations), s47F (personal privacy) and s47G (business information) of the FOI Act.

Small Pelagic

Finalised – no information released

Australian Conservation Marine Society (EDO) and Australian Fisheries Management Authority

AFMA refused access to some of the documents sought based on s47 (trade secrets etc.), Section 47E (prejudice or have a substantial adverse effect on agency operations, s47F (personal privacy) and s47G (business information) of the FOI Act.

Small Pelagic

Finalised – some information (redacted) released to applicant.

Hon. Andrew Wilkie MP

AFMA refused access to some of the documents sought based on s47 (trade secrets etc), s47E (prejudice or have a substantial adverse effect on agency operations, s47F (personal privacy) and s47G (business information) of the FOI Act

Small Pelagic

Finalised – no information released.

Significant matters

Aregar & Damaryanta v the Commonwealth & AFMA – Attempts to challenge a foreign fishing vessel apprehension. There have been a number of directions hearings – all for the purposes of adjourning the Civil Proceedings pending outcome of Criminal Proceedings.