Changes to Aboriginal Cultural Heritage protection and the Unfair Contract Terms Regime are 2 legislative reforms impacting the mining sector, so explore the implications of these developments whilst networking with other mining practitioners. Understand the impact of the Act on due diligence in land access agreements and explore new civil penalties and exclusion clauses. Gain a toolkit of tips for litigation risk avoidance in 12 risk areas when drafting mineral and petroleum exploration agreements.

Presenters

Marshall McKenna, Partner, Gilbert + Tobin
Marshall McKenna has been a partner since 2000. He joined the partnership of Gilbert & Tobin in its Perth office on 1 June 2016. His principal focus is on commercial litigation, intellectual property, mining litigation (in both the Warden's Courts and the Supreme Court), native title , litigation, land access and planning and environmental approvals and Freedom of Information issues. He is also active in negotiating and documenting compensation, heritage and land access agreements. Marshall has extensive litigation experience including appearing as counsel in several native title and mining matters, and has also instructed in significant trust remediation matter, enforcement of confidentiality obligations, restraints of trade and employment obligations. He was the counsel for the successful party in the first determination that an act not be done under the Native Title Act 'right to negotiate' process. He also lectures in Mining and Petroleum Law at the University of Notre Dame and has lectured in Equity at that institution and at the University of Western Australia. Marshall is recognised by Chambers and Doyle's list as a preeminent practitioner in native title and Australia's Best Lawyers recognises him as being a leading lawyer in Litigation and Dispute Resolution; Mining Law; Native Title; Land Access and Planning.


Mr. Matt 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.


Mr. Simon Davis, Barrister, Francis Burt Chambers
Simon Davis is a barrister and arbitrator at Francis Burt Chambers. He has a general commercial, civil and construction practice and accepts arbitrator appointments in the same areas. Since joining the Bar in 2004 he has worked as counsel on a range of actions and arbitrations across several industry sectors, appearing before various different courts and tribunals both as lead counsel and as a junior. Since 2015 Simon has acted as arbitrator on several commercial arbitrations, both international and domestic. Before coming to the Bar, Simon had twelve years experience in major commercial law firms in London, Paris and Perth. In Perth from 2000 to 2004 he was at Allens Arthur Robinson, where his practice covered international and domestic commercial litigation, arbitration and alternative dispute resolution, for a range of commercial and resources clients. In London and Paris from 1993 to 2000 Simon was a disputed solicitor at Freshfields, where he gained particular experience in international arbitration, both commercial and construction/technical, acting for a variety of governmental, industrial and commercial clients in arbitrations governed by common and civil law systems. Simon is admitted to practice in Western Australia, Victoria and England and Wales. He is a Fellow of the Chartered Institute of Arbitrators, and an Honorary Fellow in the Faculty of Law of the University of Western Australia, where he co-teaches International Commercial Arbitration.


Dr Jessica Henderson, Barrister, Murray Chambers
Jessica Henderson is a barrister at Murray Chambers, practicing in mining and resource law, aviation finance and injury, succession law, and historic sexual abuse claims. She has acted for multinational energy corporations, international airlines, insurers, high net worth estates, as well as local corporations and individuals. She appears in each of the WA metropolitan courts, many regional Magistrates Courts and Warden’s Court and welcomes briefs challenging established legal precedent, particularly in the mining and resource sector. She has conducted complex litigation at first instance and on appeal. Dr Henderson’s advocacy is characterized by her thorough preparation, her meticulous approach, her willingness to understand and embrace the commercial realities of her clients, and her enthusiasm for a Speyside scotch on the successful completion of trial. In addition to her practice as a barrister, Dr Henderson is a part-time Member at the Administrative Appeals Tribunal, and volunteers as a member on a number of boards and committees, including the Brief Editorial Committee. She is a co-author of Civil Litigation: Strategy and Practice (Lexis Nexis: 2022) and a mother of three children (including twins) to whom she credits her advanced mediation skills.