Native Title Conference 2022
Featuring the Hon Dr Tony Buti MLA, Minister for Aboriginal Affairs, Australia’s premier Native Title Law event returns with analysis into every corner of the sector. Hear from preeminent barristers and lawyers representing both project proponents & traditional owners. Receive a critical update on the Aboriginal Cultural Heritage Act and take a deep dive into Federal Court decisions throughout 2021. Analyse proposed reforms, recent developments and the latest cases impacting the area. 226W07
Description
Attend and earn 5 CPD points including:
5 points in Competency Area 4: Substantive Law
1 point in Competency Area 3: Ethics & Professional Responsibility
This program is applicable to practitioners from all States & Territories
Session 1
Critical Updates, Heritage Protection & PBCs
Chair: Mark Gerus, Barrister, Francis Burt Chambers
9.00am to 9:15am HEAR FROM THE MINISTER FOR ABORIGINAL AFFAIRS: Keynote Address
Presented by Hon Dr Tony Buti MLA, Minister for Aboriginal Affairs
9.15am to 10.15am An Analysis of Recent Cases: The Last 12 Months
- Overview of issues addressed in Federal Court decisions
- Succession: Rainbow on behalf of the Kurtjar People v State of Queensland (No 2) [2021] FCA 1251
- Challenges in proving native title: Stuart v State of South Australia (Oodnadatta Common Overlap Proceeding) (No 4) [2021] FCA 1620 and Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5) [2021] FCA 1639
- Negotiation of a native title claim in good faith: Malone on behalf of the Western Kangoulu People v State of Queensland [2021] FCAFC 176.
- Requirements for a valid compensation claim: Saunders on behalf of the Bigambul People v State of Queensland (No 2) [2021] FCA 190
Presented by Stephen Wright SC, Francis Burt Chambers
10.15am to 10.30am Morning Tea
10.30am to 11.25am An Update on the Aboriginal Cultural Heritage Act 2021 (WA)
- Brief overview of the new Act: commencement and transitional period
- Summary of the regulations, statutory guidelines and operational policies in development
Presented by Daniela Tonon, Director, Tonon Legal Pty Ltd; Leading Native Title Lawyer, Doyle’s Guide, 2022 (Project Proponent Representation)
11.25am to 12.20pm The Evolving Compensation Scene: Did Timber Creek Help?
Featuring an update on the Fortescue Metals Compensation case
- What did Timber Creek say?
- Where can we apply the findings?
- What do we need to know now?
Presented by Murray Meaton AM, Director, Economics Consulting Services
12.20pm to 1.15pm Registered Native Title Bodies Corporate Issues and Operations
- PBCs and the new agreement-making model following the Native Title Legislation Amendment Act 2021 (Cth)
- Managing PBCs: strategies to reduce senior management turnover
Presented by Franklin Gaffney, Principal, PBC Legal and Consultancy Services
Session 2
Negotiation, Ethics and Insights from the Kimberley Land Council
Chair: Abbey Shillingford, Senior Native Title Specialist, Fortescue Future Industries
2.00pm to 3.30pm PRINCIPLES AND PRACTICE: AN INTERACTIVE EXAMINATION: Negotiating in a Cross-Cultural Context: Principles and Practice
Graham and Sarah will take you on an interactive adventure where you will be invited to reflect on what it means to negotiate in the cross-cultural context. During this session they will encourage you to critically reflect on how you shape the interactions with clients. We know that operating in this context can be complex and requires both structure and flexibility - so what are the principles that guide what we do, what are the mindsets that shape our decisions and how can we enhance the outcomes through practical negotiation techniques? Some of the topics they will explore include:
- Walking in two worlds: managing inter-cultural and intra-cultural differences in negotiations
- The role of cultural authority alongside statutory authority
- Empowering free prior informed consent from a cultural perspective
- The role of cultural advisors and cultural awareness training
- Ensuring sustainability of agreements reached
- Paying more than lip service to traditional decision-making processes
Presented by Graham Castledine, Partner, Castledine and Gregory, and Sarah Blake, Conflict Strategist & Director, Sarah M Blake
3.30pm to 3.45pm Afternoon Tea
Competency Area 3: Ethics & Professional Responsibility
3.45pm to 4.45pm Ethical Considerations for Native Title Lawyers
- Specific applications of general ethical principles
- Confidentiality and consent (free, prior, informed or otherwise)
- Trust/agency obligations vs human nature in competing claims
- Letter of the law vs spirit of the legislation
Presented by Marshall McKenna, Partner, Gilbert & Tobin
4.45pm to 5.15pm PANEL PERSPECTIVES: Insights from the Kimberley Land Council
The KLC, as the Native Title Representative Body for the Kimberley region, provides a range of professional services to Kimberley Aboriginal people in the areas of legal representation, native title services, strategic development and land and sea management. Our panellists will discuss the daily realities of working as a legal practitioner at the KLC and dealing with operational developments and liaising with Traditional Owners when providing legal representation.
Facilitated by Abbey Shillingford, Senior Native Title Specialist, Fortescue Future Industries
Panellists:
Ashley Mumford, Senior Legal Officer, and Carolyn Ryland, Legal Officer, Kimberley Land Council (live via Zoom from the Kimberley)
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.
Presenters
Murray Meaton AM
Murray Meaton was awarded an Order of Australia in 2014 for contributions to community service and Traditional Owner communities. Murray established Economics Consulting Services in 1997 and has now been involved in over 1,000 studies. The company focuses on the mining, oil and gas, and energy sectors. A particular expertise is in Economic Impact studies and Native Title compensation. Murray has been involved in native title compensation negotiations in all mainland Australian States and has worked on regional settlements, land activities, mining and oil and gas projects. He has worked in native title for 17 years and participated in over 150 negotiations.
Daniela Tonon
Daniela is recommended in 2022 Doyle’s Guide Leading Native Title Lawyers (Project Proponent Representation) – Australia and is recognised in the 2023/2022, 2021, 2020, 2019, 2018 & 2017 Editions of The Best Lawyers in Australia for Native Title Law and Water Law. In April 2022, she was awarded "Lawyer of the Year" for her work in Water Law in Perth, Western Australia. Over the past 20 years, Daniela has thoroughly enjoyed unique opportunities to engage with project proponents and Traditional Owners to assist them to foster effective relationships. Daniela is currently involved in negotiating and drafting Indigenous Land Use Agreements for projects of State significance and is at the forefront of the reform of Western Australia’s Aboriginal cultural heritage legislation.
Ashley Mumford
Ash Mumford is a Senior Legal Officer at the Kimberley Land Council (KLC), based in Broome WA. Ash first gained an interest in native title working at NTSCorp, the native title service provider in NSW. Ash has been with the KLC since 2017 and has worked with Traditional Owners to gain a range of native title outcomes, including native title consent determinations, Indigenous Land Use Agreements for marine parks, the establishment of PBCs in the East Kimberley region and litigated matters in the Federal Court and National Native Title Tribunal, including overlapping native title claims.
Franklin Gaffney
Franklin Gaffney holds a Bachelor of Economics (UWA), Bachelor of Laws (First Class) (Murdoch University), Master of Laws from the London School of Economics and is currently completing his PhD in Law. He is a Chevening Scholar and recipient of the Sir Ronald Wilson Medal in Law. His PhD research focuses on the implementation of Indigenous land use agreements in Western Australia and British Columbia. After 5 years in the senior executive service at the National Native Title Tribunal, including as CEO and Acting Registrar, Franklin was CEO of two large PBCs in Western Australia, both receiving Top 5 Awards from Reconciliation Australia for excellence in Indigenous governance. As Principal of PBC Legal and Consultancy Services, he advises on wide-ranging native title matters and benefit management structures. His practice extends to conducting independent audits and reviews of agreements and agreement-making processes in Australia and British Columbia. Having previously worked as a senior employment lawyer nationally and internationally, Franklin advises independent schools, resource companies and NFPs on employment and governance matters. With a keen interest in Australian contemporary art, Franklin has served on the boards of various arts and cultural organisations and is currently Chair of STRUT Dance, the National Centre for Choreography.