Akiba on behalf of the Torres Strait Regional Seas Claim v State of Queensland

This case concerned the release of a confidential transcript from a case management hearing in the Torres Strait Regional Sea Claim. The applicant, Akiba, on behalf of the Torres Strait Regional Seas Claim, sought the release of the transcript to ensure compliance with the Court’s orders in relation to a section 66B application. The respondent, the State of Queensland, opposed the release of the transcript on the basis of confidentiality. The Federal Court of Australia was required to decide whether the confidentiality order should be vacated in the interests of justice.

The Court found that the confidentiality order made on 22 November 2017 in relation to the transcript would be vacated. The Court noted that the case management hearing was constructive and productive, and that it was now clear that the applicant and other individuals wished to work together towards the goal of ensuring compliance with the Court’s orders in relation to a section 66B application. The Court also noted that the Torres Strait Regional Authority (TSRA) was purchasing a copy of the transcript for its own purposes and that it was reasonable to expect that the TSRA would purchase and pay for copies of the transcript for the applicant and other individuals who were parties to the proceeding. The Court concluded that the interests of justice required the confidentiality order to be vacated.

The Court vacated the confidentiality order and directed that the transcript be released to the applicant and other individuals who were parties to the proceeding. The Court also directed that the TSRA would arrange for the transcript to be available for those claim group members who might wish to read it. The Court did not make any orders in relation to the purchase of the transcript by the parties.