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
Mr Hughston has practised extensively as a trial lawyer in native title and in non-native title matters. Mr Hughston has argued the following native title cases as leading counsel 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. Other native title cases in which Mr Hughston has appeared at both the trial and on the subsequent appeal include: Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People (2019) 273 FCR 350; 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); and Wyman v Queensland (2015) 235 FCR 464. He was a member of the Australian Law Reform Committee’s Native Title Inquiry Advisory Committee in 2014 / 2015. The 2022 Doyle’s Guide ranks Mr Hughston as the Market Leader amongst Australia’s native title barristers. The 2022 Chambers Asia-Pacific Guide also accords him its highest ranking (Band 1) amongst Australia’s native title Silks. Mr Hughston is a contributor to Perry and Lloyd’s Australian Native Title Law (2nd Ed.).
Tina Jowett, Barrister, Sixth Floor Windeyer Chambers
Tina Jowett SC has been briefed in numerous native title trials, appeals and advice work for over 20 years. Tina is ranked as a recommended senior counsel in Doyle’s Guide and as a Band 2 senior counsel in the Chambers and Partners rankings. Tina has appeared in important native title determination trials and appeals that include Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People (2019) 273 FCR 350; CG (Deceased) on behalf of the Badimia People v State of Western Australia (2016) 240 FCR 466; Banjima People v State of Western Australia (2015) 231 FCR 456; Blackburn v Wagonga Local Aboriginal Land Council (2021) 287 FCR 1; Wyman on behalf of the Bidjara People v State of Queensland (2015) 235 FCR 464; Stuart v South Australia [2023] FCAFC 131; Mace v State of Queensland (2019) 274 FCR 41; and Bodney v Bennell (2008)167 FCR 84. She has appeared for, or has advised, most Australian Native Title Representative Bodies, a number of government parties and mining proponents, and has been briefed to appear in all States and Territories. Tina also appears before the High Court in native title appeals. More recently, Tina has appeared and advised in compensation claims including the controversial Yindjibarndi Ngurra Aboriginal Corporation v State of Western Australia and Fortescue Metals Group trial. Tina’s expertise in native title issues is applied to her position 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 lawyers and anthropologists at the Australian Institute of Aboriginal and Torres Strait Islander Studies workshops. In 2009, Tina was recognised by the NSW Women’s Lawyers’ Association as their ‘Woman Lawyer Advocate of the Year’. She was also a member of the NSW Equal Opportunity Tribunal from 1993 to 2003.
