Jenny is a Special Counsel in the Planning & Environment group and specialises in the area of native title and Aboriginal cultural heritage law. She has also worked with local governments and government owned entities for over 28 years, providing advice on governance issues, delegations and local laws.
Jenny represents local governments, government corporations, developers, pastoral holders and other public and private entities as respondent parties to the majority of native title claims in Queensland. She also regularly provides advice on the native title and Aboriginal cultural heritage implications of government and private infrastructure projects.
Wherever possible Jenny encourages mediated outcomes and attempts to assist her clients to reach commercial and cost effective outcomes.
Jenny is recognised in Doyles Guide as a recommended native title lawyer and is appointed to the Commonwealth Attorney-General’s panel of native title lawyers.
Native Title Proceedings
- Representing respondent parties to native title proceedings filed in the Federal Court
- Providing technical and strategic advice on how best to protect and preserve parties’ interests as part of the resolution of native title claims
- Appearing in the Federal Court, at case management conferences, mediations and in private negotiations
- Negotiating the terms of consent determinations and indigenous land use agreements and land access agreements as part of the resolution of parties’ interests in native title claims
- Representing parties in contested native title hearings.
Native Title Project Advice
- Providing native title due diligence and assessment advice to public and private entities for infrastructure projects and the acquisition and development of land
- Negotiating indigenous land use agreements for the construction of public and private sector infrastructure and development with Traditional Owners, the State of Queensland and other parties
- Advice and preparation of future act notices under the Native Title Act 1993 for the validation of activities that affect native title
- Undertaking tenure history analysis to ascertain whether native title exists or has been extinguished in land
- Assisting public entities to compulsorily acquire native title to facilitate projects, where appropriate
- Assisting landowners and purchasers to address the native title implications to freehold State land
- Advice on the native title implications of changing tenures including upgrading pastoral holdings, the dedication of public reserves and the grant of leases
- Facilitating training of management and staff on native title legal compliance requirements.
Aboriginal Cultural Heritage
- Providing advice to public and private proponents in relation to addressing their duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld)
- Preparation of Aboriginal cultural heritage management plans and agreements
- Advice in relation to potential or threatened Aboriginal cultural heritage proceedings
- Representing parties in the Land Court
- Facilitiating training of management and staff on Aboriginal cultural heritage legal compliance requirements.
Indigenous Land Dealings
- Advice on land dealings and tenure grants under various relevant indigenous land legislation including Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, Aboriginal and Torres Strait Islander Land Holding Act 2013 and Aboriginal and Torres Strait Islander (Justice, Land and Other Matters) Act 1984
- Advice on the powers and responsibilities of trustees of reserve land
- Advice on the grant of Aboriginal freehold and home ownership leases under the Aboriginal Land Act 1991, social housing leases under the Housing Act 2003, trustee leases, trustee permits, easements and licenses under the Land Act 1994 and the grant of “Katter” leases under the Aboriginal and Torres Strait Islander Landholding Act 2013.