Friday, 14 November 2025
A Significant Easing of the Burden of Proving Native Title in Settled Areas
An analysis of the decisions in Stuart v South Australia [2025] HCA 12 and Malone on behalf of the Western Kangoulu People v Queensland (No 6) [2025] FCA 363 that have resulted in a significant easing of the burden of proving native title in settled areas.
Presented by Vance Hughston SC, Sixth Floor Windeyer Chambers; Preeminent Australian Native Title Barrister, Doyle’s Guide 2025
Chair
Dominic McGann, Partner, McCullough Robertson
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Dominic McGann, Partner, McCullough RobertsonDominic McGann is a general commercial lawyer, and is a recognised natural resources expert with over 40 years’ experience. As an element of his practice, Dominic is an acknowledged authority on native title and cultural heritage matters. Prior to joining McCullough Robertson, he held prominent positions with the Queensland Government and is one of only a few lawyers with a combination of significant senior government experience as well as private practice experience. In his current practice in the resources, native title and cultural heritage 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 a range of Traditional Owners, public and private entities, State Government and Local Government agencies, as well as various entities in the carbon, agricultural and pastoral sectors.
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.).