APPENDIX 2 Civil Litigation Outcomes
The following table identifies civil litigation outcomes associated with matters open in 2018-19.
Matter |
Fishery |
Outcome/Status |
|
---|---|---|---|
Federal Court |
|||
Aregar & Damaryanta v the Commonwealth of Australia & AFMA Attempts to challenge a foreign fishing vessel apprehension |
Foreign |
Finalised. Criminal Appeal decision delivered 13 April 2018.- Aregar v Cox (2018) NTCA 3 |
|
Abdul Khamid B Yatno v Commonwealth of Australia & Anor Attempts to challenge a foreign fishing vessel apprehension |
Foreign |
Finalised. Civil and Criminal Proceedings. Civil Proceedings have been adjourned sine die (no fixed date) pending the outcome of Criminal Proceedings |
|
Malu Lamar (Torres Strait Islander) Corporation RNTBC v Findlay (as delegate of the Protected Zone Joint Authority |
Torres Strait |
Finalised. Verbal reasons were handed down on 27 July 2018, with the effect that the decision to put the hookah prohibition in place on 30 April 2018 was quashed. The respondent, by agreement, paid $118,000 in legal costs to the applicant in November 2018. |
|
Malu Lamar (Torres Strait Islander) Corporation RNTBC v Protected Zone Joint Authority and the Assistant Minister for Agriculture and Water Resources |
Torres Strait |
Finalised. Matter was dismissed on 20 June 2019 on the basis that the applicant failed to appear and to prosecute their case. Costs are payable by Malu Lamar, subject to agreement between the parties. |
|
Statutory Fishing Rights Allocation Review Panel |
|||
Nil |
|||
Administrative Appeal Tribunal |
|||
Nil |
|||
Fair Work Commission |
|||
Nil |
|||
Significant matters
Malu Lamar (Torres Strait Islander) Corporation RNTBC v Protected Zone Joint Authority and the Assistant Minister for Agriculture and Water Resources - challenge to the validity of the Torres Strait Fisheries (Quota for Tropical Rock Lobster (Kaiar)) Management Plan 2018 and the Torres Strait Fisheries Amendment (Tropical Rock Lobster) Management Instrument 2018.
Visit
https://www.transparency.gov.au/annual-reports/australian-fisheries-management-authority/reporting-year/2018-2019-50