Native Title Conference

Delve into the urgent issues of heritage protection and sustainability and their implications on Native Title together with diverse perspectives including a member of the National Native Tribunal. Gain insights from legal experts on the current concerns in compensation matters and settlement agreements. Participate in a comprehensive exploration of treaties and Native Title, showcasing international Australian state perspectives. Engage with key presenters delivering crucial insights.

Thursday, 20 June 2024
Early Bird Discount ends 10 May 2024 $556.50
CULTURAL HERITAGE PROTECTION
9.00am to 9.40am An Update on the Aboriginal Cultural Heritage Act

 

  • The Aboriginal Cultural Heritage Act 2021 (WA): a short lived reform
  • The Aboriginal Heritage Legislation Amendment and Repeal Act 2023 (WA): a more modest reform
  • Transitioning from the 1972 Act to the 2021 Act back to the amended 1972 Act
  • Merits review of a s18 consent: Forrest & Forrest Pty Ltd vs Minister for Aboriginal Affairs [2023] WASAT 28

Presented by Stephen Wright SC, Barrister, Francis Burt Chambers; Leading Native Title Barrister, Doyle’s Guide 2024

9.40am to 10.10am Insights and Perspectives on Native Title and Heritage Protection in Australia

 

Join a panel bringing perspectives from all corners of the complex native title landscape, with an opportunity to ask questions and gain insights from the participants
Facilitator: Ms Lisa Eaton, Member, The National Native Tribunal.

 

Panellists:
Sally Audeyev, Partner, King & Wood Mallesons
Matthew Pudovskis, Barrister, Francis Burton Chambers
Sophie Kilpatrick, Director, Cross Country Native Title Services Pty Ltd, Doyle’s Guide 2023 and 2024

10.20am to 10.50am Native Title Case Law Update: Key Issues Impacting the Area

 

  • Examine landmark cases, legislative updates, and implications for stakeholders

Presented by Paul Sheiner, Principal, Roe Legal

11.30am to 11.45am Morning Tea
SUSTAINABILITY, LAND MANAGEMENT AND NATIVE TITLE
12.30pm to 1.15pm International ESG Trends and Native Title

 

  • International ESG trends, including in relation to funding and disclosures
  • Current considerations for native title agreement making
  • Where to from here?

Presented by Kate Wilson, Director ESG, Ashurst and Clare Lawrence, Partner, Ashurst

COMPENSATION
2.00pm to 2.40pm Native Title Compensation: A Survey of Recent and Ongoing Matters

 

  • Gumatj compensation claim (Northern Territory)
  • McArthur River compensation claim (Northern Territory)
  • Yindjibarndi compensation claim (Western Australia)

Presented by Justin Edwards, Barrister, Francis Burt Chambers, Doyle’s Guide 2024 

SETTLEMENTS AGREEMENTS
Description

Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills

 

This program is applicable to practitioners from all States & Territories

Session 1: Native Title Implications: Cultural Heritage, Sustainability and Recent Cases

Chair: Lisa Eaton, Member, The National Native Tribunal

NATIVE TITLE UPDATE
10.50am to 11.30am The Obligation to Consult: Recent Cases and How Best to Respond

 

Recent Federal Court decisions such as Tipakalippa v Santos and Cooper v NOPSEMA have found to be certain approvals to be invalid due to failure to properly consult with traditional owners.

  • Review these cases and commentary on the lessons to be learned and recommended changes to best practice in the area.

Presented by Graham Castledine, Principal, Castledine Legal & Mediation Services

11.45am to 12.30pm Native Title Challenges: Insights from Yamatji Marlpa Aboriginal Corporation CEO

 

  • Importance of native title rights and forming agreements with environmental protections
  • Significance of Free, Prior and Informed Consent (FPIC) and strategies to achieve it.
  • Role of Environmental, Social, and Corporate Governance (ESG) and Social License in operations
  • Unique insights into First Nations ownership and partnership models for long-term capital growth
  • Seizing the once-in-a-generation opportunity in the rapidly growing Greenfields clean energy industry
  • Exploration of YMAC's experiences as co-owners of Pilbara Solar in achieving sustainable practices

Presented by Simon Hawkins, Chief Executive Officer, Yamatji Marlpa Aboriginal Corporation (YMAC)

Session 2: Compensation, Settlement Agreements, Treaty & Native Title

Chair: Tessa Herrmann, Barrister, Francisc Burt Chambers, Doyle’s Guide 2024

Professional Skills
2.40pm to 3.20pm Diverse Ways to Structure Agreements: Pros and Cons of Different Structures

 

  • Traditional models
  • Recent trends
  • Other jurisdictions
  • Partnering models

Presented by Marshall McKenna, Partner, Gilbert + Tobin, Doyle’s Guide 2024

4.00pm to 4.15pm Afternoon Tea
Professional Skills
3.20pm to 4.00pm Empowering Indigenous Prosperity: Crafting Inclusive Resource Agreements

 

  • Customised agreement-making: tailoring processes to indigenous community circumstances and aspirations
  • Collaborative decision-making: fostering a culturally sensitive approach for meaningful Indigenous involvement
  • Capacity-building investment: ensuring proponents invest in programs to empower indigenous community members
  • Turning extraction wealth into prosperity: strategies for economic and social well-being for traditional owners

Presented by Abbey Shillingford, Manager Native Title and Strategy, Mineral Resources Limited

4.15pm to 5.15pm TREATY AND NATIVE TITLE

 

  • Sovereignty and treaty
  • Fiduciary duty, native title and treaty
  • Canada: treaty, native title and fiduciary duty
  • USA: treaty and domestic dependent nations
  • New Zealand: treaty of Waitangi, Waitangi Tribunal, treaty claims
  • Australian States:
    • Victoria: Treaty Authority
    • Queensland: First Nations Treaty Institute
    • South Australia: treaty process
    • Tasmania: treaty process recommendation
    • ACT: report on conversation about treaty process
    • Western Australia: Noongar South-West Settlement, Yamatji Nation ILUA

Presented by Greg McIntyre SC, Michael Kirby Chambers 

Presenters


Lisa Eaton, Member, The National Native Tribunal
Member Eaton is a diversely experienced and accredited mediator and legal practitioner, with a particular focus on complex and multi-party dispute resolution. First admitted to practice in NSW in 2005, Lisa has focussed her legal practice on native title and administrative law across various States and Territories. In 2019, Lisa was elected to membership of the Western Australia Bar Association, and as counsel has conducted mediation and trial advocacy work nationally, largely in the native title sector. In December 2022, Lisa was appointed as a Member of the National Native Title Tribunal. Prior to this, she also held appointment as an inaugural Member of the National Sports Tribunal.


Stephen Wright SC, Barrister, Francis Burt Chambers
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.


Paul Sheiner, Principal, Roe Legal
Paul Sheiner's principal areas of work and expertise are commercial litigation, administrative law and native title. He is a recognised expert in native title law and handles a wide range of complex litigious and non-litigious matters. Paul is a director of Roe Legal Services in Perth. His experience includes the following: appearing as Counsel in the Supreme Court, Federal Court and High Court of Australia; involvement in key native title Federal Court and High Court cases since 1995; acting in litigation and future act negotiations for native title claim groups and industry in the Pilbara.


Graham Castledine, Principal, Castledine Legal & Mediation Services
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 and has been rated in Doyles Guide as a leading mediator in WA. Graham was recently awarded native title lawyer of the year for WA by Best Lawyers independent rating agency and is currently a member of the Aboriginal Cultural Heritage Committee.


Simon Hawkins, Chief Executive Officer, Yamatji Marlpa Aboriginal Corporation (YMAC)
Since becoming YMAC CEO in 2003, Simon has overseen many significant native title negotiations. YMAC has supported Traditional Owner groups across the Mid West, Gascoyne, Murchison and Pilbara regions to achieve more than 30 native title determinations and numerous agreements in the past three decades, including the 2020 Yamatji Nation Claim and Indigenous Land Use Agreement – one of the nation’s largest and most complex native title settlements. Simon was an inaugural Board member of the National Native Title Council. In May 2023 he was appointed as a Member of the First Nations Clean Energy and Emissions Reduction Advisory Committee. He holds a Graduate Diploma in Environmental Science and a Bachelor of Arts (Urban and Regional Studies), is a current member of the Australian Institute of Company Directors and a Justice of the Peace.


Tessa Herrmann, Barrister, Francisc Burt Chambers
Tessa Herrmann accepts briefs in respect of native title, statutory interpretation, public and administrative law, resources, and contracts. Tessa’s considerable native title experience includes: claimant and non-claimant native title applications; compensation applications and negotiations; future act, land access and heritage matters, including ILUAs; and prescribed bodies corporate. Tessa was listed in the Doyles Guide national list of leading native title barristers for 2020, 2022 and 2023, and is included on the Federal Court of Australia’s list of National Native Title Mediators. She is also an author for Lexis Nexis’ Native Title Service.


Sally Audeyev, Partner, King & Wood Mallesons
Sally is a projects lawyer focussed on achieving long lasting, commercial and socially responsible outcomes for her clients. A partner at King and Wood Mallesons, she has 20 years experience managing native title, heritage, tenure, regulatory and environment aspects of project development, implementation and closure. She acts for a range of clients across the energy and resources sector and government. Spending time in remote areas in WA, Sally enjoys working to achieve native title agreements, access agreements, land tenure, environment and project approvals that enable projects to proceed and succeed in delivering commercial and social value. Sally is the Chairperson of the Mine Rehabilitation Advisory Panel, a director of a school foundation, a member of AMPLA, an associate member of the Chamber of Minerals and Energy and a Graduate of the Company Director’s Course and Director Pipeline Program at the AICD. She coaches a junior netball team, helps out at Nippers, potters around in the garden and does the occasional trail run.


Matthew Pudovskis, Barrister, Francis Burton Chambers
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.


Sophie Kilpatrick, Director, Cross Country Native Title Services Pty Ltd
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.


Justin Edwards, Barrister, Francis Burt Chambers
Justin Edwards practices at Francis Burt Chambers. He practices mainly in native title and administrative law. Before joining the bar Justin practiced at HWL Ebsworth Lawyers in Queensland; again, mostly in native title. A highlight of this part of his practice was working with the Wik and Wik Waya people in the Cape York region. Justin started his career at Yamatji Marlpa Aborginal Corporation as an articled clerk and then as a claim lawyer practicing out of Karratha.

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Native Title Conference

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Thursday, 20 June 2024
9.00am to 5.15pm Australia/Perth
CPD Points 7
7
$795.00
Early Bird Discount ends 10 May 2024 $556.50
Face to Face 20240418 20240620

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Morning Session
Thursday, 20 June 2024
9.00am to 1.15pm Australia/Perth
CPD Points 4
4
$505.00
Early Bird Discount ends 10 May 2024 $353.50
Face to Face 20240418 20240620

Face to Face

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Online 20240418 20240620

Online

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On Demand 20240418 20240620

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Afternoon Session
Thursday, 20 June 2024
2.00pm to 5.15pm Australia/Perth
CPD Points 3
3
$420.00
Early Bird Discount ends 10 May 2024 $294.00
Face to Face 20240418 20240620

Face to Face

Register
Online 20240418 20240620

Online

Register
On Demand 20240418 20240620

Post Seminar Recording

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Venue
Parmelia Hilton

Level 1, Meeting Room, 14 Mill Street, Perth

Directions

Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green

Parking Information

Parking is not included in you registration. Here are some options below:

Parmelia Hilton - Valet Parking only - Click here to view rates 
Convention Centre - 100 metres from Parmelia Hilton.  Click here to view rates