Gain strategic insights and deepen your understanding of the recent shifts in native title law and their practical implications. Discover how recent court decisions have eased the burden of proof in settled areas, get up to speed on compensation frameworks, hear frontline insights from Queensland South Native Title Services, and unpack what project proponents, especially in renewables, have learned about negotiating native title access since Mabo. Essential for anyone navigating native title in today’s legal and political landscape.

Presenters

Tony Denholder, Partner, Ashurst
Tony Denholder is the co-head of Ashurst's Native Title practice, which is the only practice in Australia ranked Band 1 by Chambers Asia-Pacific each year since 2007. Tony is himself ranked as a Leading Individual by Chambers from 2007 to the latest edition in 2022, which noted that he is: "Acknowledged by market sources as a lawyer who "has been one of the leading lights of native title for a long time", he is characterised as "the country's standout lawyer" in the space by a client who goes on to say: "He's current and very plugged in, very competent at articulating complex issues in a simple way, and his advice on strategy has been spot-on". Tony advises Governments, Traditional Owner groups and the private sector on native title strategy and the negotiation of agreements pursuant to the Native Title Act. This included the negotiation of the first ILUA in Queensland, and the first Right to Negotiate Agreements in each of New South Wales and Queensland. He also gave evidence to the Commonwealth's joint parliamentary inquiry into Juukan Gorge. Tony is currently advising a range of companies on native title or Aboriginal cultural heritage, including AGL, Adani, Aurizon, Yancoal, Glencore, South32, Anglo, APA, Rio Tinto, Jemena, Queensland Government, Northern Territory Government, Department of Defence, Minerals Council of Australia and Santos. In the last 2 years he has also provided native title advice to our 50 new renewable energy projects across Australia. Tony also acts for Traditional Owner groups, including the Gundjeihmi Aboriginal Corporation on the historic hand back by the Commonwealth of the town of Jabiru in the Northern Territory to the Mirarr People.

Timothy Wishart, CEO, Queensland South Native Titles Services
Tim Wishart is Principal Legal Officer at Queensland South Native Title Services. Tim's responsibilities at QSNTS include oversight and management of the legal and native title implementation and management units. QSNTS is currently involved in 31 Federal Court proceedings. This includes claims, responding to claims and derivative proceedings. QSNTS is also undertaking regional research projects pursuant to the section 203BJ(b) Native Title Act function. Tim was admitted as a solicitor in 1991 having come to the law via a scenic route. Before joining QSNTS Tim was primarily a commercial lawyer with a litigation background. Tim joined QSNTS in 2010 and was appointed PLO in September 2011. Tim bleeds off some of the cumulative stress brought about by being a native title practitioner by barracking loudly at Brisbane Lions' home games and voluntarily advising AFL umpires from the grandstand.

Jonathan Fulcher, Partner, HopgoodGanim Lawyers
Jonathan is a partner at HopgoodGanim Lawyers and is National Head of the Resources, Energy and Native Title practice. He works on fossil fuel and renewables project in about equal measure. Jonathan has degrees in Arts, Law and a PhD from the University of Cambridge in History. He has been recognised by his peers in Who’s Who for lawyers, Best Lawyers for resources, oil and gas and native title, Doyle’s Guide for Native title and Chambers Global since the early 2000s.

Dominic McGann, Partner, McCullough Robertson
Dominic McGann has over 25 years experience as a general commercial lawyer. He specialises in government advisory work, resources and infrastructure. As an element of his practice, Dominic is an acknowledged authority on native title and cultural heritage matters. Prior to joining McCullough Robertson, he had held prominent positions with various Queensland Government agencies. In terms of his current practice in the resources and infrastructure areas, it draws on his mining, infrastructure, government and commercial legal skills (including land tenure issues, native title, cultural heritage, safety, environmental compliance, infrastructure delivery and contract performance). He has experience in the following sectors: public sector, mining, water, statutory authorities, Indigenous communities, transport, energy, and agribusiness. Dominic has acted for various coal, base metals and other mining operations, petroleum and gas operators, water entities, electricity entities, ports, State Government agencies, foreign governments, as well as sugar and timber entities and various pastoral companies.

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.).