Compensation Claims: Shifts After Griffiths

Tuesday, 4 March 2025
Description

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

Chair

Matthew Pudovskis, Barrister, Francis Burt Chambers

Permutations in Compensation Claims After Griffiths


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; Market Leader Senior Counsel; Doyle’s Guide 2024

Presenters


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.


Vance Hughston SC, Windeyer Chambers Sydney
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.).

Tuesday, 4 March 2025
Description

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

Chair

Matthew Pudovskis, Barrister, Francis Burt Chambers

Permutations in Compensation Claims After Griffiths


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; Market Leader Senior Counsel; Doyle’s Guide 2024

Presenters


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.


Vance Hughston SC, Windeyer Chambers Sydney
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.).

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Compensation Claims: Shifts After Griffiths

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Single Session
CPD Points 1
$160.00
On Demand 20250720 20250304

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