Native Title: Culture, Heritage and Compensation
Brisbane’s premier Native Title event returns with a who’s who panel of presenters, including insights from the most senior and accomplished practitioners from all sides of the native title landscape. This must-attend seminar offers critical insights into all sectors of the native title area including recent developments regarding the Commonwealth Inquiry, compensation, negotiations with traditional owners, indigenous respondents and claims resolution, cultural loss. 216Q01
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Chair: Dominic McGann, Partner, McCullough Robertson
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am There is a Better Way: Advancing to Best Practice in Negotiations with Traditional Owners
Is it a good idea for project proponents and traditional owner groups to pause and reflect on agreements that have been negotiated in the past and consider how to improve for the future? Community expectations demand that companies engaging with traditional owners move beyond base level legal compliance and into more meaningful and aspirational relationships.
- Be challenged as lawyers acting for project proponents and traditional owner groups to play a critical role in moving negotiations and agreement making into modern best practice
- Examine global and local trends in agreement making
- Understand the benefits of moving to a values-based negotiating style from one of base level compliance
- Analyse case studies of best practice processes and outcomes
Presented by Cassie Lang, Senior Solicitor, Marrawah Law; Recommended Native Title Lawyer (Traditional Owner Representation), Doyle’s Guide 2021 and Gavin Scott, Partner, NortonRose Fulbright; Preeminent Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2021
9.50am to 10.35am Indigenous Respondents: Impediments to, or Catalysts for, Claims Resolution?
- Different requirements for joining proceedings during and after notification
- Need to particularise asserted interests
- Benefits of mediation
- Challenges of trial: preparing evidence & pleadings
Presented by Ted Besley, Special Counsel, Just Us Lawyers; Leading Native Title Lawyer (Traditional Owner Representation), Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Aboriginal Cultural Heritage Reforms
Key recommendations from the Commonwealth Parliamentary (Juukan Gorge) Inquiry
- Consequences for cultural heritage agreement making nationally
- Status of reform proposals across the Commonwealth, Qld, NSW and WA
- Implications for stakeholders in light of the uncertain momentum of reforms
Presented by Scott Singleton, Partner, King & Wood Mallesons; Preeminent Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2021
11.35am to 12.20pm Cultural Loss: The Applicant’s Perspective
- Understanding the cycle of relived trauma post-determination
- Quantifying cultural loss
- Lifelong impacts on applicants and the meaning of extinguishment of native title
- How to better equip yourself to consider cultural loss
Presented by Avelina Tarrago, Barrister, North Quarter Lane Chambers
12.20pm to 1.05pm Native Title Compensation: Treaty Opportunity Lost?
- Examine the law, politics and history surrounding the issue of compensation for loss of indigenous land rights.
The history suggests that those States developing treaties with their indigenous peoples should be discussing compensation for loss of native title as a means of protecting their budgets from the extent of compensation likely to arise as a result of Griffiths v Northern Territory. It ranges across the history of dispossession and the law of native title compensation to suggest that an opportunity will be missed if treaty negotiations and compensation are not connected.
Presented by Jonathan Fulcher, Partner, HopgoodGanim; Leading Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2020; Best Lawyers 2020, Native Title Law
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Cassie Lang
Operating out of and managing our Brisbane office, Cassie’s commercial experience covers negotiation, advice, compliance and representation for entities including government, energy companies, Prescribed Body Corporates (PBCs) and Registered Native Title Body Corporates (RNTBCs). She has a thorough understanding of property law, commercial law and native title and has a recognised ability to navigate the layers of politics between community, native title parties, government and other stakeholders well. Cassie has been the lead advisor for scores of energy infrastructure projects with companies including Powerlink Queensland and Arrow Energy for native title and cultural heritage compliance.
Gavin Scott
Gavin Scott is recognised as one of Australia's leading natural resources lawyers. He has advised many of Australia's largest resources and infrastructure companies on developing strategies to obtain and maintain project approvals for tenure, land access, native title and cultural heritage.
Ted Besley
Ted Besley has almost 20 years continuous experience in the area of Indigenous law and policy. His roles in the sector have ranged from working in Native Title Representative Bodies, for Government, and for the last 10 years, in private practice. Away from work, Ted likes to surf.
Jonathan Fulcher
Jonathan Fulcher has a PhD in history from Cambridge University. In that thesis, he examined the meanings of key words in a political language, and how those meanings were applied in political discourses to fight over the political reform movement in England in the period 1816 to 1824. Ever since he has had a deep interest in the meanings of words, and this has extended to a great interest and expertise in statutory interpretation. The Native Title Act 1993 is the place where Jonathan's interest in the meaning and context of words used in a statute was first piqued.
Avelina Tarrago
Avelina was admitted to the profession in 2009 and called to the bar in 2017. She has a general practice with focus on health, regulatory and administrative law.Before being called to the bar, Avelina was a Federal Prosecutor with the Commonwealth Director of Public Prosecutions, and is experienced in general fraud prosecutions. Avelina has also worked for the Australian Securities and Investment Commission.Prior to joining North Quarter Lane Chambers, Avelina worked as a Senior Legal Officer for the Office of the Health Ombudsman and Counsel Assisting in the Coroners Court of Queensland.
Scott Singleton
Scott Singleton is a Partner in the Projects and Real Estate Group in the Brisbane Office of King & Wood Mallesons. Scott heads KWM’s national native title practice. He also practices broadly in the operational, regulatory and commercial aspects of resources, government, infrastructure and utility projects. He is ranked Band 1 for native title in Chambers Asia Pacific, preeminent for native title in Doyle’s Guide and is also acknowledged as a leading native title practitioner in Legal 500, Who’s Who Legal and Best Lawyers.
Venue
Hilton Brisbane
190 Elizabeth St
Brisbane City
Brisbane 4000
QLD
Australia
Directions
Due to one way road systems, please note that car access is via Elizabeth Street only. Please programme 190 Elizabeth Street if using a car navigational device.
Nearby Public Transport:Train Stations - Central Station
Bus Interchange - George Square Bus Station
Parking
Parking is not included in your registration. There is valet parking available for AU$58.00