Yunupingu Case and Native Title in the Courtroom: What You Need to Know

Tuesday, 13 August 2024
Yunupingu Case and Native Title in the Courtroom: What You Need to Know

 

  • Explore gripping facts, reasons, and the pursuit of this landmark case against the Commonwealth of Australia: Yunupingu on behalf of the Gumatj Clan or Estate Group [2023] and findings regarding native title rights and interests being proprietary rights and interests in land
  • Investigate the Full Court’s consideration of laws diminishing native title: a proprietary benefit for others? Acquisition of property within s.51 of the Constitution
  • Overview s47C of the Native Title Act 1993 (Cth) in Drill on behalf of the Purnululu Native Title Claim Group v Western Australia (No 2) [2022]
  • Unravelling traditional laws and overlapping claims: Strickland on behalf of the Maduwongga Claim Group v State of Western Australia [2023]
  • Enforceability of a Heads of Agreement: settling overlapping claims signed in Court supervised mediation when one of the parties later repudiates the agreement: The Nyamal Palyku Proceeding (No 7) [2023]
  • Dissect claims over two small islands in the Torres Strait by 3 separate groups where only two groups are successful: Nona on behalf of the Badulgal, Mualgal and Kaurareg Peoples (Warral & Ului) v State of Queensland (No 5) [2023]
  • Mining vs. Native Title in Santos NA Barossa Pty Ltd v Tipakalippa [2022] and Wreck Bay Aboriginal Community Council v Commonwealth of Australia [2023]

Presented by Tina Jowett, Barrister, Sixth Floor Windeyer Chambers; Preeminent Native Title Junior Counsel, Doyle’s Guide 2023

Description

Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

*Original Content was created in 2023

Chair

Vance Hughston SC, Sixth Floor Windeyer Chambers; Market Leader Native Title Law Senior Counsel, Doyle’s Guide 2023

Presenters


Vance Hughston SC, Sixth Floor Windeyer Chambers
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.).


Tina Jowett, Barrister, Sixth Floor Windeyer Chambers
Tina Jowett is the leading native title junior counsel in trials, appeals and advice work. With 20 years’ experience as a barrister, Tina is ranked as a pre-eminent junior counsel in Doyle’s Guide and as a leading junior counsel in the Chambers and Partners rankings. Tina has appeared in more native title trials as junior counsel than any other junior counsel in Australia, including Blackburn v Wagonga Local Aboriginal Land Council (2021) 287 FCR 1; Mace v State of Queensland and Darkinjung v Attorney General of New South Wales (2019) 274 FCR 41; and Bodney v Bennell (2008) 167 FCR 84. She has appeared or has advised most Australian Native Title Representative Bodies, government parties and mining proponents, and has been briefed to appear in all States and Territories. Tina regularly appears before the Full Federal Court and the High Court. Tina’s expertise in native title issues is demonstrated as the General Editor of Australia’s only native title quarterly publication: LexisNexis’s Native Title News. She also regularly presents at Legalwise seminars and trains practitioners at the annual Australian Institute of Aboriginal and Torres Strait Islander Studies legal workshop. In 2009, Tina was recognised by the NSW Women’s Lawyers’ Association as their ‘Woman Lawyer Advocate of the Year’. She was a member of the NSW Equal Opportunity Tribunal from 1993 to 2003.

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Yunupingu Case and Native Title in the Courtroom: What You Need to Know

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On Demand 20241022 20240813

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