Leo Akiba on behalf of the Torres Strait Regional Seas Claim Group v. Commonwealth of Australia and Ors
Case No.
B58/2012
Case Information
Lower Court Judgment
14/03/2012 Federal Court of Australia (Keane CJ, Mansfield J, Dowsett J)
Catchwords
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.
Documents
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)