Full Court Minute Books

Case B58/2012

Leo Akiba on behalf of the Torres Strait Regional Seas Claim Group v. Commonwealth of Australia and Ors

Case No.


Case Information

Lower Court Judgment

14/03/2012 Federal Court of Australia (Keane CJ, Mansfield J, Dowsett J)

[2012] FCAFC 25


Native title – Preservation of native title rights – Prior extinguishment – Native title claim over maritime area – Native title right to take fish and other aquatic life for commercial purposes – Whether native title rights extinguished by fisheries legislation prohibiting, in the absence of a licence, taking of such resources for commercial purposes – Whether rights to take resources from an area constitute native title rights or interests within the meaning of s 223(1) of the Native Title Act 1993 (Cth) where those rights are held under traditional laws and customs on the basis of a 'reciprocal relationship' with a holder of 'occupation based' native title rights.

Short Particulars


05/10/2012 Hearing (SLA, Canberra by V/link to Brisbane)

19/10/2012 Notice of appeal

09/11/2012 Written submissions (Appellant)

09/11/2012 Chronology (Appellant)

03/12/2012 Written submissions (First Respondent)

03/12/2012 Written submissions (Second Respondent)

10/12/2012 Written submissions (Attorney-General for the State of Western Australia intervening)

17/12/2012 Reply (amended 6/2/2013)

30/01/2013 Written submissions (Warrarn Peoples seeking leave to intervene)

12/02/2013 Hearing (Full Court, Canberra)

07/08/2013 Judgment  (Judgment summary)