Native Title Conference 2020
Issues covered include: recent cases, legislative update, prescribed bodies corporate, PBCs, restraint, native title holders, PBC post determination, recent cases, proposed changes, Aboriginal Heritage Act, Native Title Agreements, compensation, applications
Description
Join the premier Annual Native Title Conference in Perth – an event you can’t afford to miss. Stay both involved and up to date by exploring the developments that will affect your practice, your clients or your organisation. Join a diverse group of experts, including the first indigenous Judge in Western Australia while analysing major updates, recent cases and proposals for reform so that you gain a new and deeper understanding of these issues.
Attend and earn 6 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Please note that practitioners from outside Western Australia will earn 7 CPD units in Substantive Law
Session 1
Cases, Legislative Update and Prescribed Bodies Corporate
Chair: Raelene Webb QC, Murray Chambers; Leading Native Title Senior Counsel, Doyle’s Guide 2020
9.00am to 9.15am: Keynote Address
Presented by His Honour David MacLean, District Court of Western Australia; First Indigenous Judge in Western Australia
9.15am to 9.45am: Moving on with Native Title
Examine the current state of Native Title with a special look at the recent major Fortescue Metals High Court decision.
Presented by Raelene Webb QC, Murray Chambers; Leading Native Title Senior Counsel, Doyle’s Guide 2020
9.45am to 10.40am: Unlocking Potential: Tackling Structural Constraints of PBCs
- Review into the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act)
- Key legislative provisions which inhibit the development of PBCs and restrict the ability of native title holders to effectively operate in the commercial sphere
Presented by Franklin Gaffney, Principal, PBC Legal & Consultancy Services
10.40am to 11.20am: PRACTICAL PANEL DISCUSSION: The Legal and Practical Complexities Facing PBCs Post-determination
Join a panel of representatives from State, Representative Body, mining company and a proponent lawyer as they offer unique insights.
Panellists:
Kate Holloman, Acting Deputy Principal Legal Officer, Yamatji Marlpa Aboriginal Corporation
Sheila Begg, Senior Assistant State Solicitor, State Solicitor's Office, Department of Justice
Andrew Gay, Partner, Ashurst; Recommended Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2020
Facilitated by Raelene Webb QC, Murray Chambers; Leading Native Title Senior Counsel, Doyle’s Guide 2020
11.20am to 11.35am: Break
11.35am to 12.25pm: Recent Native Title Cases
- Explore the effect of exclusive possession native title on access to Crown land, especially beaches: Manado v Western Australia
- The effect of the Full Federal Court decisions in McGlade v South West Aboriginal Land & Sea Aboriginal Corporation and Kemppi v Adani Mining Pty Ltd on certifications by native title representative bodies of applications for registration of ILUAs in light of Northern Land Council v Quall
- Recent cases on prescribed bodies corporate
Presented by Paul Sheiner, Principal, Roe Legal Services; Recommended Native Title Lawyer, Doyle’s Guide 2018
12.25pm to 1.15pm: Proposed Changes to the Aboriginal Heritage Act 1972 (WA)
- How will the definition of what is protected change?
- How will consultation with appropriate traditional owners be managed?
- What role will the central government agency play in regulating land use?
- How will the processes interact with native title?
Presented by Graham Castledine, Partner, Castledine Gregory; Recommended Planning & Environment Lawyer, Doyle’s Guide 2020
Session 2
Native Title Agreements and Compensation Claims
2.00pm to 2.45pm: Frustration of Native Title Agreements
- What are the circumstances in which a native title group ceases to be able to enforce an agreement?
- Case studies:
- Thaluntha Pty Ltd v Citic Pacific Mining Management Pty Ltd
- Bidjara People Claim Group & Ors v PAPL (Upstream) Pty Ltd & Ors
- Jabiru Metals Ltd v Lynch
- Tips on drafting suggestions to deal with the issue(s)
Presented by Marshall McKenna, Partner, Gilbert + Tobin; Preeminent Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2020
2.45pm to 3.30pm: National Law and Practice Concerning Indigenous Land Use Agreements
- Recent Full Court developments regarding ILUAs: Quall, Kemppi and the Noongar settelements ILUAs
- The compensation dimension of ILUAs
- Deregistration and s.199C
Presented by Libby McKillop, Senior Associate, Ashurst
3.30pm to 3.45pm: Break
3.45pm to 4.30pm: Native Title Compensation
- What has happened post-Griffiths?
- Principles that may be further developed
- Legal issues yet to be explored
- Practical issues to consider before bringing a compensation claim
Presented by Stephen Wright SC, Francis Burt Chambers; Leading Native Title Senior Counsel, Doyle’s Guide 2020
4.30pm to 5.15pm: PRACTICAL WORKSHOP: Practice & Procedure: Filing Native Title Compensation Applications
Presented by
Tessa Herrmann, Barrister, Francis Burt Chambers; Recommended Native Title Junior Counsel, Doyle’s Guide 2020
Raelene Webb QC, Murray Chambers; Leading Native Title Senior Counsel, Doyle’s Guide 2020