During Japan's Foreign Minister, Katsuya Okada's visit to Perth, Foreign Affairs Minister Stephen Smith has repeatedly mentioned Prime Minister Kevin Rudd's strong intentions of taking Japan to the ICJ if Japan fails to end whaling in the southern Ocean by November,
"That is a position that we will put to the International Whaling Commission in the very near future, potentially as early as tomorrow", he said.
Both the counterparts have agreed that the issue will not affect their nations' relationships.
However, Mr. Okada has indicated that Japan will fight the lawsuit.
"Should court action become a reality, then Japan will seek to represent its case to the IWC in supporting the fact that its activities are legal and within the convention", he said.
"The point I would make is I think it's very unfortunate the Australian side has indicated its intention to take action in an international court".
The Federal Government will be turning down the proposed laws to ban the Japanese whalers from hiring Australian planes to monitor anti-whaling protesters.
Although the Government says that it has received legal advice that the proposed laws are unworkable and may be unconstitutional, but the Greens argue that it is a cop-out to reject the proposed laws.