Gain a practical understanding of the evolving intersection between Aboriginal land rights, native title, environmental law and statutory obligations in NSW. Develop valuable insights into managing competing rights and interests under the Aboriginal Land Rights Act and Native Title Act, advising on the impacts of land claims, future acts and development proposals, and navigating emerging challenges where Aboriginal organisations and native title holders are using environmental and administrative law to challenge decisions affecting Country. The session will also explore the requirement to act in good faith, examining key cases and practical strategies to help practitioners manage negotiations, reduce risk and achieve better outcomes for clients across property, planning, infrastructure and native title matters.
Thursday, 26 November 2026
4.00pm to 4.15pm Afternoon tea break
4.15pm to 5.15pm The Requirement to Act in Good Faith
Gain practical guidance on one of the most important yet often misunderstood obligations in native title negotiations and future act processes: the requirement to act in good faith. Understand how courts and tribunals assess good faith conduct, the common pitfalls that can derail negotiations, and the consequences of failing to meet this standard.
Presented by Edmund Lee, Barrister, Sixth Floor Windeyer Chambers
3.00pm to 4.00pm Beyond the Native Title Act: Native Title Holders and Environmental Judicial Review
- Exploring the emerging use of environmental and administrative law by RNTBCs, native title claimants and Local Aboriginal Land Councils to challenge government decisions affecting Country
- Lessons for government decision makers and lawyers acting for Aboriginal community organisations from recent cases—including Mpwerempwer, Barngarla, Tipakalippa and Munkara—and the implications for native title holders, Aboriginal Land Councils, governments and project proponents in NSW
Presented by Daniel Byers, General Counsel NSW Aboriginal Land Council and Raphael Hudson, Barrister, Frederick Jordan Chambers
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on NSW legislation
2.00pm to 3.00pm ALRA and Native Title: Practical Challenges for NSW Practitioners
- Understanding when Aboriginal land rights and Native Title rights coexist, overlap or compete
- Managing the implications of land claims, Native Title outcomes and future acts for property, planning and infrastructure projects
- Recent developments, unresolved issues and best-practice approaches for advising clients in NSW
Presented by Chris Turner, Strategic Consultant and Teresa Singh, Senior Lawyer, Chalk & Behrendt Lawyers & Consultants
Presenters
Edmund Lee, Barrister, Sixth Floor Windeyer ChambersEdmund primarily practices in Indigenous Law, specialising in native title. In addition to appearing on the connection and tenure aspects of claimant applications and preparing agreements under section 87 and 87A of the Native Title Act 1993 (Cth), Edmund has drafted a number of complex whole of country indigenous land use agreements which formed part of the settlement of proceedings. Related to native title proceedings, Edmund has also appeared in applications relating to the judicial review of the Registrar's decision not to register a native title determination application, dismissing native title determination applications, joinder applications and protection of confidential materials. Edmund has also advised on the complex interrelationship between environmental offences and native title, in particular fisheries offences, and native title compensation.
Teresa Singh, Senior Lawyer, Chalk & Behrendt Lawyers & Consultants
Chris Turner, Strategic Consultant, Chalk & Behrendt Lawyers & Consultants
Chris joined the firm in 2016 as a graduate before being admitted and commencing as a lawyer in 2017. In the time since, he has worked extensively in the litigation of of Aboriginal land claim appeals under the Aboriginal Land Rights Act 1983 (NSW) in the Land and Environment Court as well as native title claims under the Native Title Act 1993 (Cth) in the Federal Court. Chris has also acted for Aboriginal and Torres Strait Islander clients and corporations in the Local Court, District Court, Supreme Court, Court of Appeal and the Full Federal Court, as well as before the Independent Commission Against Corruption.
Daniel Byers, General Counsel, NSW Aboriginal Land Council
Raphael Hudson, Barrister, Frederick Jordan Chambers
Raphael Hudson has a broad practice in common law, equity, public law litigation, administrative law, statutory interpretation and native title. He appears in the NSW Supreme Court, Federal Court, lower courts and tribunals. He is regularly briefed by the State of NSW and its various agencies and related entities. Prior to being called to the Bar, he practised as a solicitor at the NSW Crown Solicitor’s Office for 11 years. He was previously a Tipstaff to the Hon. Peter Young AO, then Justice of the NSW Court of Appeal, and to the Hon. Kevin Lindgren AM KC, then Acting Justice of the Supreme Court of NSW. Raphael has a passion for appellate work and recently appeared unled in a successful appeal to the Full Court of the Federal Court of Australia concerning bankruptcy and procedural fairness: Maclean v Brylewski, in the matter of Maclean [2025] FCAFC 133. He enjoys teaching and presents in-house and private CPDs for organisations including the NSW Law Society and the State of NSW. Raphael holds a Bachelor of Laws (Hons) from the University of Queensland.
