Australia's bid to take Japan to court over its annual whale hunt may be over before its even began.
Public outrage over Japan's annual whale slaughter in the Southern Ocean forced the government to step up action against the cull this year.
It commissioned the Oceanic Viking to gather evidence, including video footage to be used in a $1million international lawsuit.
But months later that legal action is in doubt, with New Zealand abandoning a similar attempt because of recurring difficulties.
Legal advice to that effect is believed to have also been given to the Australian government, but Foreign Minister Stephen Smith says a decision on the action is yet to be made.
