4th Annual Native Title Intensive 2020
Issues covered include: ILUA, native title rights, traditional owers, claims, preparation of claims, lay evidence, expert evidence, risks, Mace v State of Queensland, variation of title, revocation of title determination, self determination
Description
Tribunals, corporations, associations, claimant applications, mediation and arbitral functions – navigate the maze with our panel of experts who will examine the very latest issues that are truly essential to anyone whose work touches on native title or cultural heritage issues.
Attend and earn 4 units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Chair: Nitra Kidson QC, Higgins Chambers; Leading Native Title Barrister, Doyle’s Guide 2020
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Governance and Commercial Issues: Dealing with Aboriginal Corporations
- ILUA negotiations and beyond
- Managing and negotiating native title rights and interests on behalf of the community
- Responsibility of working collaboratively with traditional owners
Presented by Tim Wishart, Principal, Queensland South Native Title Services
9.50am to 10.35am: The Claims Process
- Common approaches to the preparation and prosecution of native title claims and related proceedings and potential shortfalls: Who's on first?
- The interface between lay and expert evidence: one of these things is not like the other
- Potential risks and liabilities for legal representatives: time is not your friend
Presented by Andrew Preston, Barrister, Jeddart Chambers; Leading Native Title Junior Counsel, Doyle’s Guide 2020
10.35am to 10.50am: Morning Tea
10.50am to 11.35am: Mace v State of Queensland [2019] FCAFC 233: Native Title Determinations in the Non-Claimant Context
- The effect of the decision in Mace v State of Queensland [2019] FCAFC 233 as to the circumstances in which the Court will make a determination that native title does not exist in respect of a non-claimant application
- The role of s 24FA in the statutory scheme and whether s 24FA protection in respect of future acts precludes the Court making a negative determination
- Grounds for variation or revocation of a native title determination
Presented by Erin Longbottom QC, Murray Gleeson Chambers; Recommended Native Title Senior Counsel, Doyle’s Guide 2020
11.35am to 12.20pm: Native Title, Queensland Statutory Title, ILUAs and Self-Determination: Reality or Pipe Dream?
- Examine how an RNTBC has attempted to simplify the maze of legislation and apply a respectful and understandable system for granting interests in its land
- Address the legal technicalities while promoting effective outcomes
Presented by Michael Neal, Director, P & E Law; Leading Native Title Lawyer, Doyle’s Guide 2020
12.20pm to 1.05pm: Native Title Compensation: Where to from Here?
- What issues were not covered in the Timber Creek case?
- Who is going to pay?
Presented by Tony Denholder, Partner and Libby McKillop, Senior Associate, Ashurst
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair