Native Title Conference

Infiltrate your current concerns in the Native Title arena by attending this impressive conference. Scrutinise the most significant issues including compensation, mediation, settlement implementation and dive into key case law updates. In the afternoon, pivot to cultural heritage and agreement making. This conference brings you many perspectives of Native Title developments including economic projects and traditional connections to the land. 235W01

Description

Attend and earn 7 CPD points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories

Session 1

Settlement Agreements, Compensation and Mediation

Chair: Stephen Wright SC, Barrister, Francis Burt Chambers; Leading Native Title Barrister, Doyle’s Guide 2022

SETTLEMENT AGREEMENTS, COMPENSATION AND DISPUTES

9.00am to 10.00am Agreement Making and Implementation in a Modern World

  • The "rise of S" in ESG, and its impact on First Nations agreement-making
  • Current trends in agreement making and agreement reviews
  • Benefits/compensation management in a post-determination world
  • Doing what you said you'd do – improving implementation

Presented by Kate Wilson, Director, Ashurst Risk Advisory

10.00am to 11.00am Implementation of ILUAs

  • History of WA Settlement and ILUA
  • Organisational challenges for the SWALSC 
  • Community approach to ILUA
  • Settlement implementation and lessons learned 

Presented by Brendan Moore, Chairperson, and Vanessa KickettCEO, South West Aboriginal Land and Sea Council

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Native Title Compensation

  • Analyse recent developments in compensation
  • Consider the nature and extent of non-economic loss
  • Consider procedural issues in the context of compensation claims

Presented by Tessa Herrmann, Barrister, Francis Burt Chambers; Recommended Native Title Barrister, Doyle’s Guide, 2022

12.15pm to 1.15pm The Role of Mediation in Native Title Disputes

  • How does mediation resolve native title claims and overlapping native title claims?
  • What is the role of the Court in native title mediation?
  • When is a native title claim resolved by mediation?
  • To what extent are parties bound by a mediated outcome in native title litigation? Are all members of a native title claim group bound by a mediated outcome?

Presented by Sophie Kilpatrick, Director and Lawyer, Cross Country Native Title Services and Julie Walker, Director, Gobawarrah Yinhawangka Aboriginal Corporation RNTBC 

1.00pm to 1.10pm Closing Comments from the Chair

Session 2

Aboriginal Cultural Heritage Protection and Case Law Updates

Chair: Alex Ripper, Acting Native Title Registrar, National Native Title Tribunal Perth

CASE LAW UPDATES

2.00pm to 3.00pm Case Law Development

Dive into some of the most significant native title cases from the recent past that will impact your practice, your organizations or your clients in the coming year.
Presented by Matthew Pudovskis, Barrister, Francis Burt Chambers; Recommended Native Title Barrister, Doyle’s Guide, 2022

CULTURAL HERITAGE PROTECTION

3.00pm to 4.00pm Aboriginal Cultural Heritage Protection

  • Comparing the Aboriginal Heritage Act 1972 (WA)and Aboriginal Cultural Heritage Act 2021 (WA) and similar legislation in other States and Territories
  • Harm to Aboriginal Cultural Heritage and agreed or authorised Cultural Heritage Management Plans
  • Stop Orders, Prohibition Orders and Management Orders under the Aboriginal Cultural Heritage Act 2021 (WA) and the Aboriginal and Torres Strait Islander (Heritage Protection) Act (Cth) and some WA examples

Presented by Greg McIntyre SC, Barrister, Michael Kirby Chambers; Recommended Native Title Barrister, Doyle’s Guide 2022

4.00pm to 4.15pm Afternoon Tea

4.15pm to 5.15pm Aboriginal Cultural Heritage – A Panel Discussion with members of The Aboriginal Cultural Heritage Council

Council members will provide an outline of the Council’s roles and responsibilities under the Act, and a status update on priority activities such as the approval of policies and guidance documents and the designation of Local Aboriginal Cultural Heritage Services.

Panel discussion to be followed by Q and A.

Panellists include Council Members:
Mr Graham Castledine
Ms Belinda Moharich
Dr Debbie Fletcher
Mr Kevin Walley

Presenters

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 matters. In addition to his legal practice, Graham works extensively as a mediator and facilitator in native title and heritage matters, and is rated in Doyles Guide as a leading mediator in WA. Graham was also recently awarded native title lawyer of the year for WA by Best Lawyers independent rating agency.

Dr Debbie Fletcher
Debbie has held numerous senior positions in State and Commonwealth governments over the last 30 years in the fields of native title, Aboriginal affairs and land access and holds a PhD in history and anthropology. Currently working as a consultant, until November 2021 Debbie was employed by the WA Department of the Premier and Cabinet as Special Advisor, Native Title and, in this role, worked with the team drafting the ACH Act and was appointed to the inaugural Council in September 2022. 

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 Administrativelaw generally. In recent years he has also been engaged in commercial litigation, personal injury cases and legal professional conduct cases. He was appointed Senior Counsel in 2002 and since that time he has been a member of the Professional Affairs Committee of the Legal practice Board. He was appointed as an Adjunct Professor of Law at the University of Notre Dame in 2001 and the University of Western Australia in 2016. He at the University of Notre Dame between 2000 and 2012 and in 2011 lectured at the University of WA on the subject of Indigenous Peoples and the Law and in 2007 lectured in Constitutional Law at Notre Dame. He was awarded the Australian Human Rights Commission Law Award In 2011. Greg is currently President-elect of the Law Council of Australia.

Matthew Pudovskis
Matthew has a broad practice in commercial and public law and particular experience in land access (native title, mining, planning, and environmental law) and administrative law (including merits and judicial review). As counsel, Matthew has appeared in most superior Federal and State Courts, the State Administrative Tribunal, and the National Native Title Tribunal. Matthew’s experience includes: advising and representing native title applicants and respondent parties in relation to native title claims and Indigenous Land Use Agreements; advising prescribed bodies corporate and other types of Aboriginal corporations; representing mining companies in relation to disputes before the Mining Warden acting administratively; advising in relation to land tenure issues; advising and representing clients in relation to prosecutions under the Environmental Protection Act 1986 (WA), the Aboriginal Heritage Act 1972 (WA), and the Planning and Development Act 2005 (WA); advising clients in relation to judicial review of decisions made under the Environmental Protection Act 1986 (WA) and the Environment Protection and Biodiversity Conservation Act 1999 (Cth); and, representing clients in relation to a variety of civil disputes in the District Court of Western Australia and the Magistrate’s Court of Western Australia. Matthew has a Master of Laws from the University of British Columbia that focussed on Canadian Aboriginal and environmental law.  He is the author of the Lexis Nexis “Native Title – Foreign Jurisdictions” guidecard and is a contributor to the Australian Resources and Energy Law Journal and Native Title News.  He is a member of the Law Society of Western Australia’s Environment, Town Planning & Local Government Committee. 

Alex Ripper
Alex Ripper is Acting Native Title Registrar at the National Native Title Tribunal. Prior to his appointment, Alex led the work of the Tribunal’s Future Acts and Post-Determination Assistance teams, providing legal and strategic support to the President and Members of the Tribunal in the performance of their functions under the Native Title Act. An accredited mediator for over a decade, Alex has facilitated a wide range of matters involving resource development negotiations, intra-Indigenous conflict resolution, and PBC disputes.

Sophie Kilpatrick
Sophie Kilpatrick is a highly skilled lawyer with over 15 years’ experience working with and for Aboriginal people in Western Australia. She is a director and joint owner of consultant legal practice Cross Country Native Title Services. This practice specialises in native title litigation and advice and advises Prescribed Body Corporates (PBCs), native title applicants, individuals and families on a variety of legal and related issues. Currently Sophie is working on native title litigation and mediations in the Pilbara, Kimberley and Goldfields regions of Western Australia.

Tessa Herrmann
Tessa Herrmann practices in native title, public law (including administrative and environmental matters), resources, and contracts. Tessa’s considerable native title experience includes handling matters in relation to claimant and non-claimant applications, compensation applications and negotiations, future act, land access and heritage matters, ILUAs, and PBCs. Tessa has experience with on country hearings and mediations. She has acted on behalf of clients in Western Australia, Queensland, Victoria, South Australia and the Northern Territory.  She is an experienced mediator, and is included on the Federal Court of Australia’s list of National Native Mediators. Tessa was included in the Doyles Guide national list of leading native title barristers for 2022 as a recommended junior counsel, and is an author for Lexis Nexis’ Native Title Service.

Brendan Moore
Brendan is a strong educated advocate for his people. He lives at South Fremantle with his family for 22 years. He grew up in rural WA at Dandaragan on a wheat/sheep farm which was purchased by his parents in 1973, part of that farm remains in his family and the rest was subdivided in 2000 to become a thriving olive farm called Dandaragan Estate. Brendan has an undergraduate Bachelor of Applied Science in Environmental Management and a Master of International Studies. He is an Associate Fellow of the Australian Institute of Management. He has worked overseas on an International Development project with the United Nations at Mongolia. He works part time at the City of Fremantle, which won the National award for Local Government on Indigenous Recognition in 2019. He is Chair of the South West Aboriginal Land and Sea Council and an active member of the Wadjemup (Rottnest) Aboriginal Reference Group (WARG). Brendan has been part of Aboriginal consultation, providing the cultural context for major developments at Perth recently including Metronet, Elizabeth Quay, Optus Stadium, Yagan Square, New Museum and Perth Water Precinct Plan. Some of his most recent work included providing the Aboriginal cultural context in the competition for redevelopment at Cottesloe Indiana Tea House and Ocean Reef Marina with Development WA where he is employed as an Aboriginal Development Manager.

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.  He is also an experienced and effective negotiator having provided advice and representation to various parties involved in numerous ILUA and other native title agreement negotiations, including in relation to the establishment of benefits management (trust) structures and taxation issues. Stephen also provides stamp duty and other tax advice (including income tax and GST) and appears in tax cases in the Court of Appeal (WA), Federal Court, and State and Commonwealth Tribunals. 

Venue

The Duxton Hotel

1 St Georges Terrace
Perth 6000
WA
Australia

 The Duxton Hotel

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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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