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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.