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The action brought by Humane Society International against the Japanese whaling company Kyodo Senpaku Kaisha Ltd in the Australian Federal Court is the latest and most novel attempt to rein in an activity that most in Australia, and elsewhere in the Western World, find morally repugnant. However, the basis upon which this case has been brought is a piece of Australian domestic law. Whilst internally, this is consistent with Australia's assertion of a territorial claim to a part of Antarctica that it calls the Australian Antarctic Territory, hardly any other state (including Japan) recognises the claim, and claims are frozen under the Antarctic Treaty. This paper examines the potential negative consequences of coupling action against whaling to Australian territorial assertions. [ABSTRACT FROM AUTHOR]