3rd Annual Native Title Intensive
This national seminar brings insights from the most senior and accomplished practitioners from all sides of the native title landscape. Gain critical insight into a wide variety of issues in the native title area including recent developments regarding court ordered expert conferences, structuring overlapping claims, long term native title agreements, prescribed body corporate complexities and applications to vary native title determinations. WEB2111N28
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Erin Longbottom KC, Murray Gleeson Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Court Ordered Expert Conferences: The Legal Status of Agreed Outcomes
Take a deep dive into Rainbow (obo the Kurtijar People) v Queensland [2019] FCA 1683 and Malone (obo) Western Kangoulu People v State of Queensland [2020] FCA 1188 in the context of the importance placed by the courts on the role of the joint expert conference in narrowing, or even removing altogether, the issues in dispute.
Presented by Vance Hughston SC, Sixth Floor Windeyer Chambers; Market Leading Native Title Senior Counsel, Doyle’s Guide 2021
9.50am to 10.35am Structuring Overlapping Native Title Claims
- Address issues involving overlapping claims which commonly occur on the fringes of neighbouring groups’ country
- Sections 67 and 68 of the Native Title Act 1993 (Cth) ensure that there can be only one determination of native title in relation to any area and that overlapping claims be heard in the same proceeding. Indirectly, these provisions may create conflict between groups in areas that could be considered zones of transition or shared areas
- Different approaches and strategies will be examined to highlight lessons learnt from the following recent overlapping claims:
- Drill on behalf of the Purnululu Native Title Claim Group v State of Western Australia [2020] FCA 1510 per Mortimer J
- Smirke on behalf of the Jurruru People v State of Western Australia (No 2) [2020] FCA 1728 per Mortimer J
- Drury on behalf of the Nanda v State of Western Australia [2020] FCAFC 69 per Mortimer, White and Colvin JJ
Presented by Tina Jowett, Barrister, Sixth Floor Windeyer Chambers; Preeminent Native Title Junior Counsel, Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Native Title Agreements: Second Generation Issues
- Conundrums with long term native title agreements
- Recent case law creatively addressing the issues
- Amendments to the Native Title Act that can help
- Tips to avoid common native title agreement implementation issues
Presented by Clare Lawrence, Partner; Recommended Native Title Lawyer, Doyle’s Guide 2021 and Libby McKillop, Senior Associate, Ashurst
11.35am to 12.20pm Applications to Vary Native Title Determinations
- Consideration of section 13(5) Native Title Act
- Changes in Court’s understanding as to legal requirements (e.g. under section 47B) since native title determination
Consequently varied determinations ‘in the interests of justice’
Presented by Richard Bradshaw, Special Counsel, Johnston Withers; Recommended Native Title Lawyer, Doyle’s Guide 2021
12.20pm to 1.05pm IN-DEPTH CASE STUDY: Gunggandji-Mandingalbay Yidinji Peoples Prescribed Bodies Corporate Aboriginal Corporation v Murray [2021] FCA 94
Take a deep dive into this complex and dynamic case as analysed by the leading law firm acting for the body corporate. Explore s223 of the NTA and how the case ultimately turned on the rights referred to as ‘communal, group or individual.’
Presented by Leah Cameron, Principal Solicitor, Marrawah Law; Leading Native Title Lawyer, Doyle’s Guide, 2021
Presenters
Erin Longbottom KC
Erin commenced practice as a barrister in Brisbane in 2003 and was appointed King’s Counsel in December 2019. Erin has broad public law and commercial law experience. Since being called to the Bar, Erin has practised primarily in native title, administrative law, mining and resources law, commercial law, professional negligence and quasi-criminal proceedings. Erin acts for a range of clients including government and government agencies (both State and Federal), companies and individuals. Erin regularly appears regularly in trials, appeals, applications and other hearings in the Federal Court and the Full Federal Court of Australia
Vance Hughston SC
Vance Hughston SC came to the NSW Bar in 1982. And was appointed Senior Counsel in 2001. His areas of practice include, equity, native title, property and public law. Mr Hughston has practised extensively as a trial lawyer both in native title and in non-native title matters. He has also maintained a significant appellate practice that has seen him arguing many cases before the Full Federal Court, the NSW Court of Appeal, the Full Court of the Supreme Court of South Australia and the High Court. In more recent years, Mr Hughston’s trial work and most of his appellate work, has focused predominantly but not exclusively, on the area of native title law.
Tina Jowett
Tina Jowett has been a barrister for 16 years. Whilst studying Law she worked at the Indigenous Law Centre at UNSW with Prof Garth Nettheim. Tina was a member of the NSW Equal Opportunity Tribunal from 1993-2003. In 1995/96 Tina was the Associate to Justice Jane Mathews during the Hindmarsh Island Bridge Inquiry. From 1996-2002 Tina worked as a solicitor with the NSW Crown Solicitor’s Office in the Constitutional and Native Title Team. Tina practices almost exclusively in the area of native title. She was briefed to appear as junior counsel for the applicants in a large number of fully contested native title proceedings including on-country hearings.
Clare Lawrence
Clare specializes in Indigenous land law and land access. She works nationally, focusing on native title, Indigenous cultural heritage and the State and Territory based land rights schemes. She acts for government, Traditional Owners, and private sector clients in the infrastructure, telecommunications, power and utilities, mining, and oil and gas industries. Her work takes her from remote sites to board rooms, as poor management of Indigenous heritage protection has emerged as a key business risk. Clare continues to cement her status as a market leader in this space by contributing to the reform of key legislation in the field, and spearheading Ashurst's native title thought leadership and seminar programs.
Libby McKillop
Libby McKillop is senior associate is Ashurst's resources team in Brisbane. She specialises in the areas of mining law, native title, land access and acquisition, tenure and cultural heritage issues for major resources, energy and infrastructure projects. Libby has experience in securing project approvals, negotiating native title and cultural heritage agreements, and native title claim proceedings in the Federal Court. Libby also advises clients in relation to native title processes for the grant of tenure and stakeholder issues associated with mine closure and rehabilitation.
Richard Bradshaw
Richard Bradshaw joined the Adelaide law firm of Johnston Withers as a commercial lawyer in 1990 and has been a partner/director with the firm since 1997. He has specialised in the area of land rights, native title and associated commercial legal work for over 30 years now, having been the Principal Legal Officer for Pitjantjarjara Council during the 1980s. He acts for a number of Aboriginal groups and, in the area of native title, apart from working on native title determination applications, compensation claims and mining issues, his current particular focus is on negotiating compensation/whole of claim settlement ILUAs.
Leah Cameron
Leah is a prominent figure in the legal profession and owner of leading Indigenous legal practice Marrawah Law. While her practitioner skills were forged in property law, native title and culture heritage matters her passion has evolved into providing mainstream commercial law services for government, corporates and Indigenous businesses across the country.
Leah’s philosophy of doing law differently has been the driving force behind the firm’s growth and national as well as international rankings including the esteemed Chambers guide.