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 Kickett, CEO, 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.