Native Title Forum
In this timely and relevant Native Title Forum you will hear from our panel of experts on the latest issues impacting the sector right now. Analyse recent non-claimant applications, take a deep dive into the review process for heritage agreements, examine ethical considerations, take a close look at the operational structures of registered native title bodies & examine the interplay between pastoral & native title holders. WEB226Q01
Description
Attend and earn 4 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Chair: Mark Boge, Consultant, Thynne Macartney
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Non-Claimant Applications: An Analysis of Recent Cases
Consider the application of the principles applicable to non-claimant applications made under s 61 of the Native Title Act 1993, as articulated by the Full Federal Court in the decision of Mace v State of Queensland [2019] and adopted in recent non-claimant application decisions.
Presented by Jenny Humphris, Partner, Holding Redlich; Recommended Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2021
9.50am to 10.35am How to Review Native Title and Cultural Heritage Agreements
- What are important issues (and what are not)?
- What has changed over time and will be an issue in the future?
- Mechanical provisions (parties, assignment, term)
- Structuring compensation provisions
- Structuring consent provisions
Presented by William Oxby, Partner, Johnson Winter & Slattery; Leading Native Title Lawyer (Project Proponent Representation), Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am Ethical Considerations for Native Title Lawyers
- Free Prior and Informed Consent and its application in Australia
- Responding to new information
- Indigenous data sovereignty
Presented by Amy Carseldine, Senior Associate, King & Wood Mallesons; Native Title Rising Star, Doyle’s Guide 2021
11.35am to 12.20pm Representing Respondent Parties in Native Title Claim Applications: Lessons Learnt and Best Practice
- 2-3 practical case study examples of mistakes and learnings we have observed when representing Local Government Councils throughout native title proceedings
- Implications that arise for respondent parties when negotiation strategies between the State and Applicant are changed
- Our tips and recommendations to represent the native title interests of respondent parties
Presented by Mikaela French, Lawyer, Marrawah Law
12.20pm to 1.05pm Co-Existing Native Title Party Commercial Operations with Pastoral Leases After a Native Title Determination
- Best possible outcomes for pastoral holders and native title holders
- Ensuring best commercial practices for improved community, biosecurity and environmental outcomes for the mutual benefit of pastoral and native title holders through co existing agricultural and land management practices
Presented by Leanne O’Neill, Partner, Cooper Grace Ward; Best Lawyers 2021, Native Title Law
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Mark Boge
Mark has been advising on native title and cultural heritage in Queensland since 1998. He has practised exclusively in this area for the last 18 years. Before that Mark was a litigator. He has over 30 years of experience as a lawyer. As well as representing local governments and developers, Mark has represented over 800 pastoral lessees in over 90 native title claims in Queensland. He works hard to minimise the potential adverse effects of a native title determination and has been involved in all the major consent determinations of native title in Queensland. Native title legislation encourages consensual resolution of native title claims between landholders and those claiming native title rights.
Jenny Humphris
Jenny specialises in the area of native title and Aboriginal and Torres Strait Islander cultural heritage law, representing local governments, government corporations, developers, pastoral holders and other public and private entities as respondent parties to the majority of native title claims in Queensland and New South Wales. She also regularly provides advice on the native title and Aboriginal cultural heritage implications of government and private infrastructure projects. Jenny is recognised in the 2016-2021 Doyles Guide and the 2018-2021 Who’s Who Legal: Australia and New Zaland as a recommended lawyer in Native Title Law in Australia. She was also recognised in the 2022 Doyles Guides as a leading lawyer in Native Title.
William Oxby
William Oxby has practised in the area of native title since 1997. William has worked for 2 years in a native title representative body in Queensland and for the Commonwealth Attorney General in the Native Title Task Force. William has also worked for another 'top tier' law firm for 10 « years before joining Freehills in 2010. William's specialises in assisting energy, resource and infrastructure clients manage their relationships with indigenous communities. Whilst a large part of that work relates to native title and Aboriginal cultural heritage, William also specialises in land access issues more generally as well as the procurement of mining tenement, petroleum tenements and environment and planning approvals.
Amy Carseldine
Amy Carseldine is a Senior Associate at King & Wood Mallesons, where she specialises in native title and Aboriginal cultural heritage. Amy has extensive experience in native title negotiations, both in relation to agreements and determinations, complex native title, andcultural heritage litigation, and advising on all aspects of native title and cultural heritage law, including law reform. Amy has represented proponents, traditional owners and government. Prior to joining King & Wood Mallesons, Amy worked as a senior associate at Herbert Smith Freehills, a Principal Government Lawyer for Crown Law and a lawyer for the Government Legal Department in the UK. Doyle’s Guide named Amy a ‘Rising Star’ in the area of native title for 2021 and 2022.
Mikaela French
Mikaela is passionate about supporting Indigenous People across all aspects of Indigenous Law including providing commercial advice on transactions, governance, obligations and duties for a range of commercial, not-for-profits and Aboriginal and Torres Strait Islander entities. Mikaela has been involved in, and assisted with, negotiations for native title claim proceedings in the Federal Court and advises clients in relation to native title processes, Cultural Heritage Management Plans/Agreements and Indigenous Land Use Agreements. She also supports clients with post-determination assistance to empower their communities and protect their cultural heritage and significant sites. Mikaela was listed as a Rising Star in Native Title in Doyle’s Guide for the first time in early 2022.
Leanne O’Neill
As a partner in Cooper Grace Ward’s property, planning and environment team, Leanne advises on all aspects of land access, management and use for developers, resources companies, government and agribusinesses. Leanne brings 20 years’ experience, including nine years as a solicitor representing the State of Queensland in negotiations and litigation. She held several senior legal roles in the Queensland Government and provided high level advice and representation in land management and resources sector law. Leanne advises developers on planning and development approvals and appeals under the Planning Act 2016, and compulsory acquisition and valuation law.