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.
RegisterOn 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.
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:
harassment;
seizure of fishing equipment;
seizure of fish;
detention and arrest;
prosecution by issue of penalty notices;
penalties in the form of fines, custodial penalties and prohibition orders; and
forfeiture of fishing equipment
The people included within this case are:
members of the South Coast Aboriginal Peoples of New South Wales who were personally subjected to any of the above;
persons who experienced harm or hurt as a direct result of the above actions against a family member; and
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.
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.
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.
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.
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.
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.
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.
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.
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.