Native Title Law Conference 2021
Australia’s premier Native Title Law event returns with deep analysis into every corner of the sector. Hear from leaders in the field including the Native Title Tribunal and preeminent barristers and lawyers representing both project proponents and traditional owners. Scrutinise recent developments in the area and the latest cases from all angles. Analyse Aboriginal heritage protection post Juukan, the use of mediation in PBC disputes, indigenous land agreements, compensation, mining & more. 216W04
Description
Attend and earn 6 CPD points in Competency Area 4: Substantive Law
Please note that WA practitioners can only claim 6 CPD points.
This program is applicable to practitioners from all States & Territories
Session 1
Critical Updates, Cases & Heritage Protection
Chair: Helen Shurven, Member, the National Native Title Tribunal
9.00am to 9.05am Welcome and Opening Comments by the Chair
GUIDANCE FROM THE NATIONAL NATIVE TITLE TRIBUNAL & RECENT CASES
9.05am to 9.45am Insights from the National Native Title Tribunal
Presented by Helen Shurven, Member, The National Native Title Tribunal
9.45am to 10.40am Native Title Case Law Update: Key Issues Impacting the Area
Dive into some of the most significant native title cases from the recent past that will impact your practice, your organisation or your clients in the coming year including:
- Northern LandCouncil v Quall (2020) 383 ALR 378
- Drill on behalf of the Purnululu Native Title Claim Group v State of Western Australia [2020] FCA 1510
- Gardiner v Taungurung Land and Waters Council [2021] FCA 80
- Smirke on behalf of the Jurruru People v State of Western Australia (No 2) [2020] FCA 1728
Presented by Matthew Pudovskis, Barrister, Francis Burt Chambers
10.40am to 10.55am Morning Tea
NATIVE TITLE AND HERITAGE PROTECTION
10.55am to 11.50am Aboriginal Heritage Protection
- The operation of the Aboriginal Heritage Act 1972, s 18
- The Native Title Act s 35
- Indigenous Land Use Agreements
- The Aboriginal Cultural Heritage Bill 2020
Presented by Greg McIntyre SC, Michael Kirby Chambers and Dr Lauren Butterly, Senior Solicitor, Environmental Defenders Office
11.50am to 12.45pm The Landscape in Native Title and Heritage Post Juukan
- Agreements
- Cultural heritage management plans
- Other laws and influences
- Opportunities and risk management
Presented by Sally Audeyev, Partner, King & Wood Mallesons
12.45pm to 1.15pm INSIGHTS FROM THE PANEL: Insights and Perspectives on Native Title and Heritage Protection in Australia
The panel will bring perspectives from all corners of the complex native title landscape, with an opportunity to ask questions and gain insights from the participants.
Facilitator:
Helen Shurven, Member, The National Native Title Tribunal
Panellists:
Sally Audeyev, Partner, King & Wood Mallesons
Tom Weaver, Group Manager, Community & Government, Fortescue Metals
Matthew Pudovskis, Barrister, Francis Burt Chambers
Claire Saffery, Deputy Principal Legal Officer, The Kimberley Land Council
Session 2
Agreements, Disputes & Perspectives
Chair: Graham Castledine, Partner, Castledine Gregory; Recommended Planning & Environment Lawyer, Doyle’s Guide 2020
AGREEMENTS, COMPENSATION & MEDIATION
2.00pm to 2.50pm The Known Unknowns: Native Title Compensation
- Outstanding issues and matters that require further consideration
- Mining tenements
- Non-exclusive interests
- Special valuation considerations
Presented by Marshall McKenna, Partner, Gilbert & Tobin
2.50pm to 3.40pm The Use of Mediation to Resolve Native Title and PBC Disputes
- Discussion of the drivers of native title and PBC disputes
- Dispute resolution versus dispute management
- The role of the Tribunal: s 203BK(3) and s 60AAA of the Native Title Act 1993
Presented by Alex Ripper, Future Acts Manager, The National Native Title Tribunal
3.40pm to 3.55pm Afternoon Tea
3.55pm to 4.45pm PRACTICAL PANEL DISCUSSION: Legal Considerations and Strategies When Navigating Native Title Agreements, Compensation and Disputes
Panellists:
Graham Castledine, Partner, Castledine Gregory
Marshall McKenna, Partner, Gilbert & Tobin
Alex Ripper, Future Acts Manager, The National Native Title Tribunal
Presenters
Helen Shurven
Since 2010, Ms Helen Shurven has been a Member of the National Native Title Tribunal, appointed by the Governor General of Australia. Helen is a qualified mediator under the National Mediator Accreditation Standards and has conducted hundreds of hours of face to face and telephone mediation in native title matters. Between 1993 to 2010, Helen worked with independent statutory organisations and community organisations conducting mediation and conciliation in health, disability, workplace and family law jurisdictions. She has made approximately 600 arbitral decisions under the Native Title Act 1993, holds a Bachelor of Laws from Murdoch University, and was first admitted to legal practice in Western Australia in 1997. Helen has a Bachelor of Arts with Honours in Psychology from the University of Western Australia and a Master of Education from Murdoch University.
Matthew Pudovskis
Matthew Pudovskis practices in commercial and public law, specialising in native title, mining and petroleum law, Aboriginal/cultural heritage, environmental and planning law. Matthew commenced practice at Blake Dawson Waldron in 2005 where he worked primarily in land access. He joined the State Solicitor’s Office in 2007 and was a member of the native title and State lands practice group. Matthew had a broad practice including acting for the State government in the resolution of native title claims and in judicial review proceedings in the Federal Court of Australia; advising a range of government departments on native title, mining and petroleum and Aboriginal heritage.
Greg McIntyre SC
Greg McIntyre SC was admitted to practice in 1974. He gained extensive experience in the first 15 years of practice in criminal law and also practised between 1984 and 1988 in Family Law. Greg was Principal Legal Officer, Aboriginal Legal Service of WA, 1988-90. From 1990-92 he worked in general litigation at Corser & Corser. He has practised solely as a Barrister since 1993. Greg has developed a High Court and Federal Court advocacy practice in the fields of Native Title, Human Rights, Immigration, Environmental law and Administrative law generally. In recent years he has also been engaged in civil litigation, personal injury cases and legal professional conduct cases.
Sally Audeyev
Sally is a projects lawyer focussed on achieving long lasting, commercial and socially responsible outcomes for her clients. A partner at King and Wood Mallesons, she has 20 years experience managing native title, heritage, tenure, regulatory and environment aspects of project development, implementation and closure. She acts for a range of clients across the energy and resources sector and government. Spending time in remote areas in WA, Sally enjoys working to achieve native title agreements, access agreements, land tenure, environment and project approvals that enable projects to proceed and succeed in delivering commercial and social value.
Tom Weaver
As FMG’s Group Manager, Community and Government, Tom supports a multi-disciplinary team and broad external affairs and Government approvals portfolio including Native Title, Aboriginal heritage, State Agreement Acts and Regulatory Affairs, Community Development, Aboriginal Business Development and Government Relations. Tom has lectured in native title at Murdoch University and at the University of Tennessee. At Fortescue, Tom has led the development and negotiation of multiple Indigenous Land Use Agreements, native title land access agreements and heritage agreements. Tom also led the development of Fortescue’s inaugural Corporate Social Responsibility strategy. Tom joined Fortescue in 2011 after 8 years at the National Native Title Tribunal.
Graham Castledine
Graham was admitted as a practitioner of the Supreme Court of Western Australia in 1987. Since then, he has advised and represented clients in a variety of areas including native title, heritage, environment and planning and regulatory issues. Graham has represented parties in a variety of Court and Tribunal proceedings, and has also conducted numerous successful mediations since becoming an accredited mediator in 2005. Graham has recently been involved as an independent facilitator in two rounds of regional consultations for the current review of the WA Aboriginal Heritage Act.
Marshall McKenna
Marshall McKenna has been a partner since 2000. He joined the partnership of Gilbert & Tobin in its Perth office on 1 June 2016. His principal focus is on commercial litigation, intellectual property, mining litigation (in both the Warden's Courts and the Supreme Court), native title , litigation, land access and planning and environmental approvals and Freedom of Information issues. He is also active in negotiating and documenting compensation, heritage and land access agreements. Marshall has extensive litigation experience including appearing as counsel in several native title and mining matters, and has also instructed in significant trust remediation matter, enforcement of confidentiality obligations, restraints of trade and employment obligations
Dr Lauren Butterly
Dr Lauren Butterly is a Senior Solicitor in the Perth Office of the Environmental Defenders Office. Lauren holds a Bachelor of Arts in History focusing on Indigenous histories, a Bachelor of Laws with First Class Honours, both from UWA, and a PhD in Law from the University of NSW. Lauren’s PhD was on Indigenous governance of sea country in the Northern Territory and her thesis received ‘Outstanding’ grades for all criteria from all examiners. In 2008-2010, Lauren served as the Principal Associate to Chief Justice Wayne Martin of the Supreme Court of WA and then worked as an environmental law solicitor at a top tier firm in Sydney.
Claire Saffery
Claire is the Deputy Principal Legal Officer of the Kimberley Land Council (KLC). She advises native title holders across the Kimberley region in relation to the recognition and protection of their native title rights and interests and the protection and preservation of their cultural heritage.
Prior to working for the KLC, Claire was in-house counsel for MG Corporation based in the east Kimberley and spent several years working in the commercial litigation practice at Herbert Smith Freehills where she advised on complex commercial disputes in the areas of corporate crime and regulatory compliance.
Claire holds a Bachelor of Arts and a Juris Doctor from the Australian National University.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.