Aboriginal Cultural Heritage: Learnings from the Country

Tuesday, 13 August 2024
Chair

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

Aboriginal Cultural Heritage: Learnings from the Country

 

  • The Juukan Gorge, the Aboriginal Cultural Heritage Act 2021 (WA), and its repeal: what’s the current situation in WA?
  • Queensland’s review of the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003: has it finished and what is the outcome?
  • Santos NSW Pty Ltd v Gomeroi People [2022] NNTTA 74 (and the Federal Court appeal): the relevance of cultural heritage regimes to future act decisions
  • Santos NA Barossa Pty Ltd v Tipakalippa [2022] FCAFC 193: the relevance of cultural heritage legislation to the Full Court’s decision requiring Santos to consult with the Munupi clan
  • Other caselaw and legislative updates

Presented by Charles Gregory, Barrister, Sixth Floor Windeyer Chambers; Recommended 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

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.).


Charles Gregory, Barrister, Sixth Floor Windeyer Chambers
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.

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Aboriginal Cultural Heritage: Learnings from the Country

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CPD Points 1
$160.00
On Demand 20241022 20240813

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