Achieving Settlement of Native Title through Negotiations
OND233V05Z1
Description
Attend and earn 0.5 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
* This is an interactive recording so that you can claim uncapped annual points from this type of activity
*Original Content was created in 2023
Chair: Vance Hughston SC, Sixth Floor Windeyer Chambers; Market Leader, Native Title,Doyle’s Guide, Australia, 2022
Achieving Settlement of Native Title through Negotiations
- Explain the process and the expected outcomes
- Empower traditional owners to be part of the process
- Build trust in the process and outcomes
- Communicate to the wider native title group
Presented by Maryse Aranda, Principal, Maryse Aranda Barrister and Solicitor
Presenters
Vance Hughston SC
Vance Hughston SC came to the NSW Bar in 1982 and was appointed Senior Counsel in 2001. His areas of practice include appellate, commercial, equity, native title, property and public law. Mr Hughston has practised extensively as a trial lawyer in native title and in non-native title matters. He also has an appellate practice that has seen him argue many cases before the Full Federal Court, the NSW Court of Appeal, the Full Court of the Supreme Court of South Australia and the High Court. In more recent years, his trial work and most of his appellate work, has focused predominantly on the area of native title law. It is a national practice that has seen him appear both for Aboriginal claimants and for Government parties, in every State and Territory other than Tasmania and the ACT. Mr Hughston has argued the following native title cases before the High Court: Members of the Yorta Yorta Aboriginal Community v Victoria (2002) 214 CLR 422; Karpany v Dietman [2013] HCA 47; Wilson v Anderson (2002) 213 CLR 401; and has appeared in other cases in the High Court as junior counsel. In Yorta Yorta, Mr Hughston appeared at the trial (which went for more than 100 days) and on the appeals to the Full Federal Court and the High Court. Other native title cases in which Mr Hughston has appeared at both the trial and the subsequent appeal, include: Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People (2019) 374 ALR 448; [2019] FCAFC 177 (leave to appeal to the High Court refused); Starkey on behalf of the Kokatha People v South Australia (2018) 261 FCR 183; (leave to appeal to the High Court refused); Banjima People v Western Australia (2015) 231 FCR 456; (leave to appeal to the High Court refused); Bodney v Bennell (2008) 167 FCR 84; CG (Deceased)on behalf of the Badimia People v Western Australia (No.2) (2016) FCAFC 67; Gumana v Northern Territory (2005) 141 FCR 471; Jango v Northern Territory (2007) 159 FCR 531; Risk v Northern Territory (2007) 240 ALR 75; Straits Exploration (Australia) Pty Ltd v Kokatha Uwankara Native Title Claimants [2012] SASCFC 121; Western Australia v Graham on behalf of the Ngadju People (2013) 305 ALR 452; Western Australia v Graham on behalf of the Ngadju People (2016) FCAFC 47; and Wyman v Queensland (2015) 235 FCR 464. Mr Hughston was a member of the Australian Law Reform Committee’s Native Title Inquiry Advisory Committee in 2014 / 2015. Chambers and Partners 2021 Rankings rank Mr Hughston in Band 1 of Australia’s native title Silks whilst the Doyle’s Guide ranks him as the Market Leader. Mr Hughston is the author of the chapter on proving native title in Perry and Lloyd’s Australian Native Title Law (2nd Ed.).
Maryse Aranda
Maryse Aranda has been a lawyer for over 20 years gaining experience in general commercial work in small and large legal firms as well as working as in-house counsel for corporate businesses including those in mining. Maryse was the Principal Legal Officer at the Southwest Aboriginal Land and Sea Council (SWALSC) where she managed major future act negotiations, developed strong relationships between native title claimants and third parties leading to novel outcomes for stagnated negotiations, and obtained successful conclusions in Mediations at the National Native Title Tribunal. Maryse, as part of the SWALSC Negotiations Team, negotiated the South West Native Title Settlement with the State of Western Australia to resolve the Noongar native title claims which was finalised in 2015 with the benefits from the Settlement commencing in 2021. Maryse’ strong community spirit and her belief in access to justice for all means she generously gives her time to the not-for-profit sector, doing pro bono legal work, a service she continues to provide while managing her own legal practice.