Native Title: Critical Considerations

This full-day native title conference is an event not to be missed. Benefit from practical insights from the NSW Aboriginal Land Council, leading native title lawyers and a Holt prize winning author as you examine complex issues affecting native title claims throughout the process. Develop critical skills for negotiating in a cross-cultural context, analyse the latest cases across Australia and develop a robust ethical framework for handing native title claims. WEB2211N17Z

Description

Attend and earn 7 CPD units including:
4.5 units in Substantive Law
1 unit in Ethics & Professional Responsibility
1.5 units in Professional Skills

This program is applicable to practitioners from all States & Territories

Session 1

Native Title Rights, Insights, Negotiation and Compensation

Chair: John Waters SC, Sixth Floor Windeyer Chambers

9.00am to 9.50am Compensation for Native Title
Join Dr William Isdale, Holt Prize Winner 2021, as he shares with you the issues raised in his recent book ‘Compensation for Native Title’, including the current state of the law, future directions, and seeks to resolve some as yet undetermined issues.

  • The current state of native title compensation law
  • Consider future directions, such as the implications of the Commonwealth Constitution's "just terms" guarantee
  • Examine the availability of general law remedies for native title holders

Presented by Dr William Isdale, Senior Legal Officer, Australian Law Reform Commission

Professional Skills
9.50am to 10.35am Negotiating in a Cross-Cultural Context: Principals and Practice
Join an experienced Native Title barrister as you gain perspective and receive practical guidance on:

  • Preparing statements of cultural and customary concerns (SCCC) in native title proceedings
  • Preparing evidence in relation to SCCC
  • Dealing with clients who have cultural and customary concerns and assuaging their fears
  • Creating a court room environment that is culturally sensitive

Presented by Tina Jowett, Barrister, Sixth Floor Windeyer Chambers

10.35am to 10.50am Morning Tea

10.50am to 11.35am Fishing Rights

The Native Title Act 1993 (Cth) and State native title acts exempt native title holders from the requirement to have a fisheries licence or permit when fishing in accordance with law and custom. Explore why native title holders are repeatedly prosecuted for fishing, notwithstanding the intent of sections 211 and 223 of the Native Title Act 1993 (Cth), and their interaction with State laws.
Presented by Kathryn Ridge, Solicitor Director, Ridge & Associates Pty Ltd

11.35am to 12.20am Aboriginal Land Rights Act
Provide an introduction to the Aboriginal Land Rights Act and its interrelationship with Native Title Claims

  • Explore the Aboriginal Land Rights Act: the objectives, the claim process and claim statistics
  • Examine the relationship between the Aboriginal Land Rights Act 1983 and the Native Title Act

Presented by Jason Behrendt, Director, Chalk & Behrendt

PANEL PERSPECTIVES: Native Title in a Broader Context

Join our experienced panel as you move beyond the confines of NSW and discuss native title in the broader context. Gain critical insights into key cases and issues in this cross jurisdictional panel discussion.

Panellists:
John Waters SC, Sixth Floor Windeyer Chambers
Tony Kelly, Chief Executive Officer, First Nations Legal and Research Services
Tim Wishart, Principal Legal Officer, Queensland South Native Title Service

Session 2

Significant Cases, Post-Determination and Ethical Considerations 

Chair: Dominic McGann, Partner, McCullough Robertson

Ethics & Professional Responsibility
2.00pm to 3.00pm 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

3.00pm to 4.00pm Prescribed Bodies Corporate in the Post-Determination Environment

Following determinations a number of PBCs have encountered problems with principles for functioning, politics, personalities and even prosecutions. Some of those problems have predictable patterns concerning the regulation of membership, asset management and compliance. Amendments to the Native Title Act and CATSI Act were made in 2021 with more proposed to the CATSI Act, to try and address some of these issues. Recent and current litigation before Rares J involving the Sandalwood company and events affecting Bigambul native title holders are good examples. The full Federal Court’s decision in Drury on behalf of the Nanda People v State of Western Australia [2020] FCAFC 69 adds additional complexity where more than one group is being recognised as native title holders over the same area. These kinds of determinations are becoming more frequent as native title is recognised over country lying between existing determinations.
This presentation will review these challenges and discuss PBC structures and management in the aftermath of recognition of native title.
Presented by Susan Phillips, Barrister, 13th Floor St James Hall; Preeminent Native Title Junior Counsel, Doyle’s Guide 2020

4.00pm to 4.15pm Afternoon Tea

Professional Skills
4.15pm to 5.15pm 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

Presenters

John Waters SC
John Waters has an extensive and wide ranging background in native title advice, litigation and dispute resolution throughout Australia commencing in the Yorta Yorta proceedings and including, cumulatively, the hearings spanning many hundreds of days, a host of interlocutory applications and mediations as well as advising on detailed aspects of the operation of the Native Title Act, the sufficiency of evidence and the making and content of agreements. In addition John has appeared in proceedings under the Aboriginal Land Rights Act (NSW), is an accredited mediator, holds an MBA in finance and has been appointed to provide reports to successive Commonwealth Ministers in relation to claims for protection of sites under the Aboriginal and Torres Strait Island Heritage Protection Act. John has prosecuted and defended criminal proceedings against Aboriginals where Native Title Act s211 has been relied upon by defendants. John approaches native title issues with the benefit of experience in commercial practice.

Dr William Isdale
Dr William Isdale is a Senior Legal Officer with the Australian Law Reform Commission, and an Adjunct Fellow of the T.C. Beirne School of Law. Before commencing practice he was an Associate to the Hon. Justice John Dowsett AM on the Federal Court of Australia. William holds a PhD in law for a thesis on native title compensation, which was supervised by Adjunct Professors Jonathan Fulcher and the Hon. Justice Andrew Greenwood (a judge of the Federal Court of Australia). His thesis addressed issues relating to native title law, tort law, constitutional law, and the law of remedies. A version of his thesis won the 2021 Holt Prize, and will be published as a book by Federation Press in early 2022.

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. She has also appeared before the Full Federal Court and the High Court in a number of native title appeals.

Kathryn Ridge
Kathryn Ridge is the Solicitor Director of Ridge & Associates Pty Ltd. The firm has a range of private sector clients, and government clients specialising in human rights, land rights, native title and environmental law. Kathryn has also developed a public interest law practice working with indigenous people protecting cultural heritage and their environment. Kathryn has over 15 years’ experience in environmental law reform and implementation, particularly in pollution, water, native vegetation and climate change areas. Kathryn is the author of the Water Law Chapter for Environmental Law Handbook. Kathryn is the co-author of the Biodiversity and Conservation Chapter for Butterworths Legal Publishing Service. Kathryn has strong strategic skills and advocacy skills with a proven capacity to deliver complex reforms.

Jason Behrendt
Jason Behrendt is a Director and Chalk & Behrendt, Lawyers and Consultants with over 25 years experience as legal practitioner acting  as an external adviser to Aboriginal land councils and representative bodies and native title claimants and holders across the nation. He has extensive knowledge and experience in relation to land rights, native title law, Aboriginal cultural heritage and natural resources law. Jason has been involved in many successful Aboriginal land claim appeals in NSW, including the first appeal to be dealt with by the High Court.

Tony Kelly
Tony has nearly four decades experience working with First Nations people across the country, including the last 10 years working as a native title lawyer and now CEO of a Native Title Service Provider. Previously Tony worked as Park Ranger at Kakadu and Nitmiluk (Katherine Gorge) National Parks and for two decades in community development and social work, with a focus on disadvantaged young people. In 2015 and 2016 Tony lived in Mount Isa where he, along with his wife Rebecca, cared for his mother-in-law during the final years of her life. Tony and Rebecca’s experiences of this time are the subject of their co-authored memoir, Growing Pineapples in the Outback.

Tim Wishart
Tim Wishart has been the Principal Legal Officer at Queensland South Native Title Services since September 2011. Tim is proud to be bringing more than 29 years of experience as a solicitor to bear on the daunting task of proving native title in a region that covers two-thirds of Queensland and in which the worst depredations of colonisation were visited upon Traditional Owners. "Leading Native Title Lawyer - Government & Traditional Owner Bodies, 2016 and 2017" - Doyle's Guide. Tim is a Nationally Accredited Mediator.

Dominic McGann
Dominic McGann has over 25 years experience as a general commercial lawyer. He specialises in government advisory work, resources and infrastructure. As an element of his practice, Dominic is an acknowledged authority on native title and cultural heritage matters. Prior to joining McCullough Robertson, he had held prominent positions with various Queensland Government agencies. In terms of his current practice in the resources and infrastructure areas, it draws on his mining, infrastructure, government and commercial legal skills (including land tenure issues, native title, cultural heritage, safety, environmental compliance, infrastructure delivery and contract performance). He has experience in the following sectors: public sector, mining, water, statutory authorities, Indigenous communities, transport, energy, and agribusiness.

Susan Phillips
Susan Phillips is a barrister specialising in native title. She has published and worked in that field since the Mabo decision was handed down in 1992. Susan has been counsel to many Indigenous groups from the Kimberleys and Cape York to the Central and Western Deserts and the southern and eastern parts of Australia representing them in the Federal Court and in mediations and negotiations with government, mining companies, pastoralists and other parties. Susan has also advised miners and other respondents to native title claims. Susan has taught courses about her field at the major Sydney universities and contributes to publications and conferences about Indigenous peoples in Australia. Susan has contributed to projects in relation to Indigenous communities carried out by the Human Rights and Equal Opportunities Commission, the University of NSW Indigenous Law Centre and the National Native Title Tribunal.

Stephen Wright SC
Stephen Wright is an experienced barrister who specialises in native title, taxation, trusts and mining law. Stephen joined the Western Australian Bar in 2010 and was appointed senior counsel in 2017. Prior to joining the Bar he was a Judge’s associate, a commercial litigator at Malleson, worked for 11 years at the Western Australian State Solicitor’s Office, and had his own private practice. Stephen has a wealth of experience in native title related issues dating back to 1996. He is a leading native title barrister, having been counsel in many native title claims and in ‘future act’ litigation and arbitrations at all levels, and more recently in compensation claims. He represents native title parties and representative bodies, government and mining interests.

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Issues covered include: law making process, new laws, amendments, legislative drafting process, parliamentary bills, delegated legislation, tabling of documents, public interest immunity, PII, royal commissions, judicial inquiries, parliamentary inquiries, parliamentary privilege, executive privilege, parliamentary procedure, powers of parliament, inquiry powers, public sector

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Issues covered include: inherent risks of treatment, breach of duty and causation, delay, misdiagnosis, failure to diagnose, euthanasia, medical products, product liability, class actions, regulatory matters

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Issues covered include: Guardianship division, VCAT, moral duty, financial elder abuse, ethics, ethical considerations

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Issues covered include: discretionary trusts, trust and company law, tax implications for property settlements, financial documents

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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