Don’t miss this chance to analyse the facts in the landmark Yunupingu case, explore turbulent national changes to ACH protection and gain insight into mechanisms for building PBC capacity for governance. Investigate the central role of Traditional Owners in Australia’s energy transition, where decarbonization is arising as a blessing and a curse. Join this panel of experts, capitalise on their experience and develop an outcome focused strategy for your organisation or those you represent. 

Presenters

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.).


Mr. Jonathan Fulcher, Partner, HopgoodGanim
Jonathan Fulcher has a PhD in history from Cambridge University. In that thesis, he examined the meanings of key words in a political language, and how those meanings were applied in political discourses to fight over the political reform movement in England in the period 1816 to 1824. Ever since he has had a deep interest in the meanings of words, and this has extended to a great interest and expertise in statutory interpretation. The Native Title Act 1993 is the place where Jonathan's interest in the meaning and context of words used in a statute was first piqued. The rules for interpreting statutes attempt to fix the meanings of statutory words and phrases, such that the laws are made certain and capable of prediction for those wanting to apply the law as it is promulgated. What he has found, though, is that it is the lack of certainty created by contests over meanings of words in a political discourse and meanings of words in a statute that his PhD and his law studies have in common. In politics, the contest over the meanings of key words in English political discourse were determined by the meanings being fixed in statute, only to be rendered useless as social and political change made those attempts to fix the meanings moribund. In law, the fixing of the meaning of words in a statute is only resolved ultimately by the High Court. Even then, social and political change can render previous decisions fixing the meanings of statutory words moribund. So this seminar will be about the process of fixing the meanings of statutory words, by applying rules of statutory interpretation: not only to show how those rules work, but how fixing the meanings of words, even in a statute can be very difficult indeed. Words in context can have unstable and contestable meanings, and any workshop of statutory interpretation must start with that premise. The context provided by native title in Australia is merely one example of that process in action.


Ms. Clare Lawrence, Partner, Ashurst
Clare specialises in Indigenous land law and major project approvals. She works nationally, focusing on native title, Indigenous cultural heritage and the State and Territory based land rights schemes. She acts for government, Traditional Owners, and private sector clients across all industries that require access to land. Her work takes her from remote sites to board rooms, as poor management of Indigenous heritage protection has emerged as a key business risk. Clare continues to cement her status as a market leader in this space by contributing to the reform of key legislation in the field, and spearheading Ashurst's native title thought leadership and seminar programs, which includes Ashurst’s annual publication, Native Title Year in Review. She is ranked as a leading lawyer in Native Title by Chambers Asia-Pacific and Legal 500, and in 2023, was recognized by Best Lawyers as Native Title Lawyer of the Year (Melbourne). In the Ashurst Melbourne Office, Clare is a Reconciliation Champion working to deliver the outcomes from Ashurst's stretch Reconciliation Action Plan in the Victorian context.


Tina Jowett, Barrister, Sixth Floor Windeyer Chambers
Tina Jowett SC has been briefed in numerous native title trials, appeals and advice work for over 20 years. Tina is ranked as a recommended senior counsel in Doyle’s Guide and as a Band 2 senior counsel in the Chambers and Partners rankings. Tina has appeared in important native title determination trials and appeals that include Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People (2019) 273 FCR 350; CG (Deceased) on behalf of the Badimia People v State of Western Australia (2016) 240 FCR 466; Banjima People v State of Western Australia (2015) 231 FCR 456; Blackburn v Wagonga Local Aboriginal Land Council (2021) 287 FCR 1; Wyman on behalf of the Bidjara People v State of Queensland (2015) 235 FCR 464; Stuart v South Australia [2023] FCAFC 131; Mace v State of Queensland (2019) 274 FCR 41; and Bodney v Bennell (2008)167 FCR 84. She has appeared for, or has advised, most Australian Native Title Representative Bodies, a number of government parties and mining proponents, and has been briefed to appear in all States and Territories. Tina also appears before the High Court in native title appeals. More recently, Tina has appeared and advised in compensation claims including the controversial Yindjibarndi Ngurra Aboriginal Corporation v State of Western Australia and Fortescue Metals Group trial. Tina’s expertise in native title issues is applied to her position as the General Editor of Australia’s only native title quarterly publication: LexisNexis’s Native Title News. She also regularly presents at Legalwise seminars and trains lawyers and anthropologists at the Australian Institute of Aboriginal and Torres Strait Islander Studies workshops. In 2009, Tina was recognised by the NSW Women’s Lawyers’ Association as their ‘Woman Lawyer Advocate of the Year’. She was also a member of the NSW Equal Opportunity Tribunal from 1993 to 2003.


Charles Gregory, Barrister, Sixth Floor Windeyer Chambers
Charles Gregory is a member of the Sydney Bar. His practice includes administrative, property, native title and intentional tort law. He has been recommended as a leading native title barrister in the Doyles Guide since 2016. He completed a Masters in International Law and International Relations in 2011. Charles appears for public and private clients, has appeared in the High Court and NSW Court of Appeal, and regularly appears in the Federal Court and the Full Court of the Federal Court.


David Saylor, Principal, Saylor Legal
David Saylor is an experienced native title lawyer and he is the Principal of Saylor Legal. David was admitted as a legal practitioner of the Supreme Court of Western Australia in February 1996 and he has over 20 years of experience working in Aboriginal and Torres Strait Islander legal issues. An Aboriginal and Torres Strait Islander person himself, David is passionate and committed to assisting clients with resolving native title claims, making and prosecuting native title compensation claims and negotiating Indigenous Land Use Agreements (ILUAs) which provide substantial economic benefits, provide for protection of Aboriginal and Torres Strait Islander cultural heritage beyond what is required by law, and facilitating Indigenous participation in environmental management of mining and other projects. David’s experience and expertise is different because he has worked at the “coal face” of native title and has achieved significant results for his clients. David has been employed as a lawyer by several Aboriginal and Torres Strait Islander Legal Services, Aboriginal Land Councils and Native Title Representative Bodies in Queensland, Northern Territory and Western Australia. He has worked with and has been instructed directly by Aboriginal and Torres Strait Islander people and communities.