Native Title: Managing Agreements
This seminar offers you a unique perspective on managing Native Title agreements. Take this opportunity to dive into managing large agreements for RNTBCs, explore best practice when managing the benefits, analyse the ethical issues when negotiating ILUA’s, and finally, discover the state of the law and litigation. Receive essential practical guidance and ensure your thorough knowledge of this complex area. WEB235Q01Z
Description
Attend and earn 4 CPD units including:
3.5 units in Legal Knowledge
0.5 unit in Practical Legal Ethics
This program is applicable to practitioners from all States & Territories
Chair: Charles Gregory, Barrister, Sixth Floor Windeyer Chambers; Recommended Junior Counsel, Doyle’s Guide 2022
9.00am to 10.00am Considerations in Managing Large Agreements for RNTBCs
Recent large agreement negotiations in NQLC’s region have identified a large number of considerations that RNTBCs need to consider in implementation. Managing these large agreements have seen RNTBCs needing to consider trust arrangements, operational arms and a move to a mixture of skills based and representative boards and the legal considerations of moving from a small to a large entity with significant revenue and other responsibilities like an increase in employees.
- The role of the RNTBC as trustee and as a sole member of an operational arm: the corporate group
- Protecting directors and the corporation: the rule book and constitution
- Managing related party benefits and conflicts of interest
- Transparency with members and native title holders
- Functions of an RNTBC and services agreements with an operational arm
- Key governance and operational policies
Presented by Julia (Jules) Taylor, Senior Legal Officer, Acting manager, Engagement and Development Support Team and David Jesudason, Senior Legal Officer, Coordinator, PBC Support Unit North Queensland Land Council, NTRB Aboriginal Corporation
10.00am to 10.45am Managing the Benefits of Native Title Agreements
- Income tax considerations relevant to payments under native title agreements - when might payments be assessable to tax and when might they be non-assessable non-exempt native title benefits?
- Example benefits management structures and some of the strengths and weaknesses of different structures
- Important considerations when incorporating a charity or charitable trust into a benefits management structure
Presented by Bridgid Cowling, Special Counsel, Arnold Bloch Leibler
10.45am to 11.00am Morning Tea
11.00am to 11.45am Practical Considerations for Implementation of Native Title Agreements: A Proponent’s Perspective
- Key considerations relating to implementation when negotiating a native title agreement
- So, you have signed a native title agreement, what next?
- Planning for the unexpected: dispute resolution under native title agreements
Presented by Damian Roe, Partner, HopgoodGanim Lawyers; Recommended Native Title Lawyer, (Project Proponent Representation); Doyle’s Guide 2023
11.45am to 12.30pm The State of the Law and Litigation
- Ongoing controversies concerning statutory construction of ILUA provisions
- Litigation concerning ILUA making and registration
- De-registration of ILUAs, and its impact
- Compensation events and registered ILUAs
Presented by David Yarrow, Barrister, Lonsdale Chambers; Market Leader Native Title, Junior Counsel, Doyle’s Guide 2022
Practical Legal Ethics
12.30pm to 1.15pm Ethical Negotiation of Indigenous Land Use Agreements
Explore ethical issues facing native title lawyers in the context of the negotiation and authorisation of indigenous land use agreements.
- Principles of legal ethics: considering the content and context of the negotiations
- Who is the client? Who are you getting instructions from and whose interests are you representing?
- Free, prior and informed consent in the context of ILUA negotiations
Presented by Georgina Reid, Special Counsel, and Reade Allison, Lawyer, MPS Law
Presenters
Georgina Reid
From January 2023, Georgina joins MPS Law as Special Counsel. Georgina has 25 years of native title experience, with unique insights in native title policy and practice, having worked in private practice, a Native Title Representative Body and for the State Government. Georgina was Executive Solicitor, Native Title in the South Australian Crown Solicitor’s Office, leading native title claim resolutions and negotiations in South Australia since 2013. Prior to that, Georgina was Senior Solicitor then Senior Negotiator Native Title Claims Resolution with the Crown Solicitor’s Office. Between 2001 and 2005, Georgina worked at Torres Strait Regional Authority, including as the Principal Legal Officer. Between 1997 and 2001, Georgina was part of the Commercial Team at Johnston Withers. Georgina was admitted to practice in 1998 and has a Bachelor of Arts and Bachelor of Laws (Honours) from Adelaide University. She has a strong track record of continual professional development, including completing courses and accreditations in mediation, management, advocacy, and leadership. Georgina has extensive negotiation and agreement making skills as well as strong leadership skills.
Reade Allison
Reade brings a broad range of skills, international experience and insight to MPS Law clients. Reade is a nationally accredited mediator. He is admitted to the Supreme Court of South Australia and has a triple degree in Bachelor of Law (LLB), Bachelor of Arts and Bachelor of Language, at the University of Adelaide. Reade completed an exchange at Peking University in Beijing and has completed internships through the Aurora Program with the Northern Land Council and with MPS Law. Reade has also volunteered at the Roma Mitchell Community Legal Centre. Reade is fluent in Mandarin and German and is the recipient of several university awards for his study.
David Yarrow
David Yarrow is a member of the Victoria Bar
Damian Roe
Damian is a trusted energy and resources law professional. His particular interest and speciality is assisting clients in project development and regulatory approvals, focusing on tenement acquisition and maintenance, other regulatory approvals and infrastructure requirements. Offering commercial advice and high quality negotiation skills, Damian's extensive knowledge includes native title and cultural heritage law, resources and environmental approval regulations and land access issues for ordinary land tenure. As a result, Damian was named in Doyle's Guide to the Legal Profession in Leading Native Title Lawyers (Project Proponent Representation) - Australia, 2017 and 2018.
Bridgid Cowling
Bridgid Cowling is a Special Counsel in Arnold Bloch Leibler’s public interest law and native title practices. She advises a broad range of clients with a focus on not-for-profit organisations, Aboriginal Land Councils and Native Title Representative Bodies at the Commonwealth and State and Territory levels. Bridgid is recognised by Chambers Asia Pacific in the area of ‘charities’ for her wealth of experience acting for the not-for-profit sector on range of matters including the establishment of new charities and governance issues and as a “next generation partner” by Legal 500 Asia Pacific for native title. Bridgid is a member and former Chair of the Tax Institute’s Not-for-profit Technical Committee. She is also a member of the Law Council of Australia Charities and Not for Profits Committee and attendee of the Australian Charities and Not-for-Profits Commission Professional Advisers Forum. Her charities practice includes providing corporate structuring and strategic advice regarding incorporation, charity registration and tax concessions for charitable clients as well as the advising charitable clients in relation to a broad range of legal issues.
Julia (Jules) Taylor
Julia (Jules) Taylor is the Senior Legal officer and Acting Manager of North Queensland Land Council’s (NQLC) Engagement and Development Support Team. Jules’ primary focus at the NQLC has been identifying, developing, negotiating and implementing projects across the broad areas of: (a) mining and exploration agreements and other negotiated agreements for Aboriginal heritage protection; (b) large project negotiations for Indigenous Land Use Agreements (ILUAs) in relation to mining, exploration, renewable energy, carbon and land access agreements; (c) land tenure reform and divestment projects and joint management arrangements; (d) pastoral access agreements, including the use of and otherwise providing comprehensive advice in relation to land tenure issues, rights under the Native Title Act and State legislation and benefits for Aboriginal people through negotiated agreements, including working with groups with other expert advice for tax effective structuring and governance considerations for the delivery of outcomes for Aboriginal People in the North Queensland region.
David Jesudason
David Jesudason is the Senior Legal Officer - Coordinator of North Queensland Land Council’s (NQLC) PBC Support Unit. Dave and his team provide capacity development support to many of the 31 PBCs in NQLC’s statutory region and has a focus on: new corporate structures, including charitable trusts and “operational arms” including companies limited by guarantee; new rulebooks, constitutions and trust deeds with associated operational and governance policies and service agreements; securing relevant expert legal, financial and commercial advice for PBCs for those corporate changes; and assistance to PBCs for the delivery of negotiated benefits to common law holders.
Charles Gregory
Charles Gregory is a member of the Sydney Bar. His practice includes administrative, property, native title and intentional tort law. He has been recommended as a leading native title barrister in the Doyles Guide since 2016. He completed a Masters in International Law and International Relations in 2011. Charles appears for public and private clients, has appeared in the High Court and NSW Court of Appeal, and regularly appears in the Federal Court and the Full Court of the Federal Court.