Assistant Crown Solicitor
Kristy has specialised in native title law since joining Crown Law in 2002. She was appointed Assistant Crown Solicitor of the Native Title Claims and Agreements Team in December 2010.
Kristy provides specialist advice on all aspects of a respondent’s role with regard to native title determination applications including applications for leave to appeal and appeals to the Federal Court and High Court. In addition, she regularly negotiates and drafts Indigenous Land Use Agreements (ILUAs), advises on their registration and interprets clauses in registered ILUAs and represents parties when dispute resolution clauses are invoked.
Kristy also specialises in the interpretation of legislation relating to land management and Indigenous issues.
- Negotiating and drafting consent determinations in Western Yalanji, Mandingalbay Yidinji, Kowanyama, Combined Dulabed, Combined Gunggandji, Combined Mandingalbay Yidinji-Gunggandji and Tableland Yidinji.
- Advising on a significant number of native title determination applications and associated settlement agreements which recognised exclusive and non-exclusive native title rights and interests.
- Advising on native title appeals to the Federal Court and High Court as both appellant and respondent, most recently on the application for special leave to appeal, and the subsequent appeal to the High Court in State of Queensland v Tom Congoo and others on behalf of the Bar-Barrum People.
- Advising on all aspects of a respondent’s role with regard to native title determination applications, including:
- analysing applications for compliance with the Native Title Act 1993 (NTA)
- appearing before the Federal Court at directions hearings and interlocutory applications and drafting work plans, timetables, submissions, orders, affidavits and applications as to the progression of matters
- preparing and appearing on applications for strike-out, dismissal, or discovery
- reviewing evidence and other material in support of s. 223 of the NTA, providing advice and negotiating with applicant lawyers, historians and anthropologists regarding the sufficiency of that material
- reviewing evidence and other material in support of applications to disregard extinguishment under ss. 47, 47A and 47B of the NTA
- advising on tenure, public works, and the extinguishing effects of those acts.
- Providing advice interpreting various legislation, relating to land management and Indigenous issues, including:
- Aboriginal Cultural Heritage Act 2003
- Aboriginal Land Act 1991
- Aborigines and Torres Strait Islanders (Land Holding) Act 1985
- Land Acts 1962 and 1994
- Nature Conservation Act 1992
- Native Title Act 1993 (Cth)
- Native Title (Queensland) Act 1993
- Mineral Resources Act 1989.
- Negotiating and drafting Indigenous Land Use Agreements (ILUAs) and other agreements on native title and cultural heritage issues regarding:
- protected area estates
- primary health care centres
- pre-prep facilities
- employee housing
- small scale miners
- grants of tenure
- revenue share arrangements
- transfer of land
- withdrawal of native title determination applications.
- Advising on the registration of ILUAs including drafting submissions to the Registrar in response to objections lodged.
- Providing advice interpreting clauses in registered ILUAs and representing parties when dispute resolution clauses are invoked.