Examine all the essential elements of Native Title practice in one streamlined comprehensive seminar, including your ethics point. Guided by the most experienced practitioners, you will perfect your understanding of the recent developments in case law for compensation claims, learn to navigate the complexities of how PBCs function, and gain perspective on the intersection of Native Title with Treaty and the Human Rights Charter.
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Ethics and Professional Responsibility
This program is applicable to practitioners from all States & Territories
Matthew Pudovskis, Barrister, Francis Burt Chambers
Consider forms of compensation claims after Griffiths using Yindjibarndi v Fortescue Metals Group as an example where the only compensable acts are the grants of mining tenements in an exclusive native title determination area.
- Explore the variety of heads of compensation
- The application of s 51A of the Native Title Act 1993 (Cth) to mining tenements
Presented by Vance Hughston SC, Windeyer Chambers Sydney
- Explore and discuss Munkara v Santos NA Barossa Pty Ltd (No 3) 2024 FCA 9
- Apply legal & ethical principles in relation to expert and lay witnesses in the Aboriginal Land rights, native title or heritage context
- Potential costs orders against practitioners
Presented by Tina Jowett SC, Francis Burt Chambers
- The Victorian Treaty Negotiation Framework
- Traditional Owner (local) Treaties and their intersection with Native Title
- The role of FNLRS (the Victorian Native Title Service Provider) in aligning Native Title and Treaty
- Overview of the Victorian Human Rights Charter and how it interacts with Native Title and Treaty
Presented by Tony Kelly, Chief Executive Offier, and Rainer Mathews, Co-Principal Legal Officer, First Nations Legal & Research Services
- The sources of rules governing how PBCs function
- Trustee and agent PBCs and common law holders
- Multiplicity of PBC directors’ duties
- Disputes, rule-breaking and remedies: some case studies
Presented by Susan Phillips, Barrister, 13th Floor St James Hall
Presenters
Tina Jowett SC, Francis Burt 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.
Rainer Mathews, Co-Principal Legal Officer, First Nations Legal & Research Services
Rainer joined First Nations Legal and Research Services in November 2019, having worked as a native title lawyer in different parts of Australia since 2006. He has always felt it is a great privilege to do this work, and along the way has met many extraordinary and inspiring people while out on Country. Day to day, Rainer seeks to empower First Nations people with high quality advice, to be guided by them on how to best assist them on their long paths to self-determination. He is committed to being a healing and trauma informed lawyer and believes in creative and reflexive legal practice.
Matthew Pudovskis, Barrister, Francis Burt 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.
Susan Phillips, Barrister, 13th Floor St James Hall
Susan Phillips is a barrister specialising in native title and land rights. She has published and worked in that field since the Mabo decision was handed down in 1992. Susan has been counsel to Indigenous people all over Australia representing them in the NNTT, Federal Court and in litigation, mediation and negotiations with local, State and Commonwealth governments and other parties. Susan also works on matters concerning Indigenous cultural heritage including by providing reports to the Federal Minister for the Environment where applications seeking protection of sites at risk of injury or desecration have been made.
Vance Hughston SC, Windeyer Chambers Sydney
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 administrative law. Mr Hughston has practised extensively as a trial lawyer in native title and in non-native title matters. He has a considerable appellate practice and has argued numerous cases before the High Court, the Full Federal Court, the NSW Court of Appeal and the Full Court of the Supreme Court of South Australia. In more recent years, much of Mr Hughston’s trial and appellate work has been in native title and in related areas of the law. He has a national practice and has appeared for Aboriginal claimants and for Government and other parties, in every State and Territory apart from Tasmania and the ACT. 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. He has appeared in many other cases in the High Court that have involved the interpretation and the application of Native Title Act, 1993 (Cth) and the Aboriginal Land Rights (Northern Territory) Act, 1976 (Cth). In the Yorta Yorta case, Mr Hughston appeared at the trial (which went for more than 100 days) and on the successive 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 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); 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 has appeared in other Full Court appeals too numerous to list. 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.).
Tony Kelly, Chief Executive Officer, First Nations Legal & Research Services
Tony has nearly four decades experience working with First Nations people across the country, including the last 10 years working as a native title lawyer and now CEO of a Native Title Service Provider. Previously Tony worked as Park Ranger at Kakadu and Nitmiluk (Katherine Gorge) National Parks and for two decades in community development and social work, with a focus on disadvantaged young people. In 2015 and 2016 Tony lived in Mount Isa where he, along with his wife Rebecca, cared for his mother-in-law during the final years of her life. Tony and Rebecca’s experiences of this time are the subject of their co-authored memoir, Growing Pineapples in the Outback.