Tristan Gaven, director of JGA Saddler, said the claim, filed on Monday, March 11, related to how the South Coast Aboriginal people have been fined for practising their cultural fishing.

That is at odds with the NSW Fisheries Management Amendment Act 2009 that exempted Aboriginal cultural fishing from the catch limits that apply to recreational and commercial fishermen.

Section 21AA of the Act makes a special provision for Aboriginal cultural fishing and protects cultural fishers from compliance actions under the Fisheries Management Act.

"As we understand it, there are over 10,000 claimants" to the claim, Mr Gaven said.

It is the fourth case of this type that Mr Gaven has worked on.

"I have worked on the Northern Territory and Western Australia stolen wages cases against the Commonwealth and State of Western Australia," he said.

"Also the Northern Territory Stolen Generations case which was against the Commonwealth."

Mr Gaven "absolutely believes" they have a strong case.

"We wholeheartedly believe in the case," he said.

"We have heard enough to know it is a real issue in the community and having a significant impact on the community.

"The onus is on us to prove our claims and we will do that."

He said cases of this type usually took two to three years from start to finish.

"It depends on the attitude of the state government.

"If they want to take it all the way to trial it will be a lengthy process.

"There are a lot of elderly people in the community who have been affected by this for years or decades, so we want to resolve this as quickly as possible."

Walbunja traditional owner Wally Stewart is a member of the South Coast Native Title Claim group.

He said being prosecuted for practising cultural fishing had done much damage to the community over the last 40 to 50 years.

"There was a Commonwealth law in 1993 with Mabo and they [NSW government] have chosen to ignore that," he said.

"We may not be able to come back from the damage done to our people and our resources.

"They have been changing our culture, changing our diet, and making us out to be criminals.

"We never gave those resources away."

A spokesperson for the NSW Minister for Agriculture Tara Moriarty said the NSW government is in consultation with Aboriginal communities and the Aboriginal Fishing Advisory Council, plus peak fisheries and marine estate advisory bodies regarding fishing and cultural recognition.

"The government also has a responsibility to protect fish and seafood stocks along our coastline and within our waterways, and compliance to the limits on catch and species caught is applicable to everyone and requires compliance action," the spokesperson said.

"NSW Department of Primary Industries Fisheries Officers undergo cultural awareness and native title training.

"These matters are complex socially and legally, and the NSW government is working its way through them to ensure any regulation and enforcement balances the needs of fish conservation, cultural sensitivities and community needs."