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Text Content

If you are a member of the South Coast Native Title claim group and believe your
cultural fishing practices have been negatively impacted, click "Register" now
and follow the prompts.

Register
Overview Register FAQs
Overview Register FAQs



NSW CULTURAL FISHING CLASS ACTION





Overview Background Next Steps



OVERVIEW



On 11 March 2024, a representative proceeding was lodged with the Federal Court
of Australia on behalf of all the South Coast Aboriginal Peoples of New South
Wales (Class Members) alleging that the State of New South Wales has unlawfully
interfered with and restricted the practice of traditional fishing rights and
customs. The Statement of Claim alleges that this conduct has amounted to
breaches of various provisions of the Racial Discrimination Act 1975.




BACKGROUND



This proceeding addresses the conduct of the Department of Regional NSW which,
through its various agencies and agents (generally known as “Fisheries”), has
prevented the South Coast Peoples from exercising your rights in a manner
consistent with our common Native Title rights and interests. 

In this proceeding, the relevant Claim Period is from 1 January 1994 until 27
June 2023. During the Claim Period, the Class Members have experienced
harassment and purported enforcement action by fisheries officers and the
Department because of their practice of cultural fishing rights, including:

 1. harassment;

 2. seizure of fishing equipment;

 3. seizure of fish;

 4. detention and arrest;

 5. prosecution by issue of penalty notices;

 6. penalties in the form of fines, custodial penalties and prohibition orders;
    and

 7. forfeiture of fishing equipment

The people included within this case are:

 1. members of the South Coast Aboriginal Peoples of New South Wales who were
    personally subjected to any of the above;

 2. persons who experienced harm or hurt as a direct result of the above actions
    against a family member; and

 3. South Coast Peoples whose enjoyment of their native title rights has been
    restricted or impaired by the above actions including being unable to
    practise, teach or learn cultural fishing or receiving seafood from those
    who do practice cultural fishing.




NEXT STEPS



In order to register your interest to participate we require:

i.            Your full name;

ii.           Your best contact number;

iii.          Email address; and

iv.          Postal address.

A member of our team will contact you over the phone, at a time convenient for
you to discuss the details of your potential claim, as soon as possible.








REGISTER YOUR INTEREST

If you are a member of the South Coast Native Title claim group and have been
impacted by the prosecution of cultural fishing practices please register with
us to participate now.


Register






FREQUENTLY ASKED QUESTIONS

WHAT IS THE NSW CULTURAL FISHING CLASS ACTION ABOUT?



This proceeding addresses the conduct of the Fisheries Department which, through
its various agencies and agents, has prevented the South Coast Peoples from
exercising your rights in a manner consistent with our common Native Title
rights and interests. 

It covers not only the direct prosecution of people for cultural fishing but
also the wider impact on the South Coast Aboriginal community. 

If you believe you have been affected by these issues, then you may be entitled
to compensation and should register your details above.

I WAS NOT PROSECUTED BUT MY FAMILY MEMBER OR SOMEONE I RELIED UPON FOR PROVIDING
ME WITH SEAFOOD WAS, CAN I STILL PARTICIPATE?



Yes. We encourage all South Coast Native Title claim group members who believe
they have been affected by these issues to register their interest with us. If a
spouse or relative was prosecuted, or if you have been unable to access
traditional seafood or participate in cultural practices or ceremonies, you
should register your details.

ARE THERE ANY COSTS TO TAKE PART IN THE CLASS ACTION?



JGA Saddler is committed to ensuring that everyone, regardless of their
background or financial situation, has access to justice. We run our class
actions in a way that means you are not exposed to any costs or financial risk,
so joining a class action will cost you nothing.

The class action is being funded by CASL on a “no win, no pay” basis in
accordance with the terms of a funding agreement or terms imposed by the Court.
If the class action is successfully resolved and there is a recovery of
compensation, CASL will be entitled to reimbursement of the costs of the class
action that it has funded plus a commission from the judgment or settlement
amount, pursuant to the terms of the funding agreement.

Further, Croup Members do not have to pay anything in the event that the class
action is unsuccessful, as CASL agrees to pay any legal costs that might be
awarded to the State of New South Wales.

HOW LONG WILL THE CLASS ACTION TAKE TO RESOLVE?



Unfortunately, we are unable to provide a timeframe of how long the class action
will take to resolve. Our objective will always be to act in the best interests
of the group to ensure any resolution is reached as quickly as possible while
ensuring the best outcome for group members.

WHAT IS A CLASS ACTION?



A class action is a group proceeding comprised of seven or more people who have
been wronged by an individual or corporation. These claims generally arise out
of similar circumstances that allow the group an opportunity to be heard based
on common issues of law or fact. These proceedings are often commenced by one
lead litigant on behalf of the group.

WILL THERE BE ANY COST TO ME IF THE CLASS ACTION IS UNSUCCESSFUL?



No. Group members do not have to pay anything in the event that the class action
is unsuccessful, as CASL agrees to pay any legal costs that might be awarded to
the State of New South Wales.





JGA SADDLER



Lawyers


View Website





CASL



Litigation Funder


View Website






© JGA Saddler 2024. All rights reserved.

Privacy

Liability limited by a scheme approved under Professional Standards Legislation.

JGA Saddler acknowledges this country and its traditional custodians. We pay our
respects to the Elders, those who have passed into the dreaming; those here
today; those of tomorrow.


REGISTER YOUR INTEREST


Full Name *

Email Address *

Phone Number

Postal Address

Any additional information you'd like to share?


Send


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