Hemmant's List
Native Title Law

Hemmant’s List Members act for key stakeholders in Government, industry representative bodies and indigenous organisations.

At the forefront of Native Title Law and Policy, Hemmant’s List Members utilise their knowledge of Native Title and Cultural Heritage Law with their commercial expertise across various areas including Energy, Resources and Mining, Construction and Infrastructure, Property Development, Agribusiness and Corporate Management. They have unique knowledge in:

  • The interaction between land rights of traditional owners/indigenous communities and Developers, Construction and Infrastructure, Miners and Energy & Resource Operators and Farmers;
  • Resolution processes appropriate to culturally sensitive issues;
  • conflict between custom and legal rights.
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List Clerk

The List Clerk can advise which barrister is suitable for the brief by virtue of his or her experience, expertise, availability and cost.

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List Barristers

The barristers on the List can be contacted directly for enquiries as to availability and cost if preferred.

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The right barrister for the brief

Solicitors and clients may make informed choices as to who to brief by enquiry of the clerk or use of the website.

Find
A Barrister

Step 1 - Shortlist suitable candidates

Judy Brien

Judy Brien

Judy was admitted to practice as a barrister and commenced at the private Queensland Bar based in Brisbane in January 2003. Prior to this she practised as a solicitor in Brisbane from the mid 1990’s. In addition Judy is a Nationally Accredited mediator. Judy’s practice is diverse. It spans a broad range of areas including planning and environment, judicial review,…

Judy Brien

Judy Brien

Areas of Practice

  • Administrative & Public Law
  • Alternative Dispute Resolution
  • Civil Litigation
  • Commercial Law
  • Inquests & Inquiries
  • Native Title Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Judy was admitted to practice as a barrister and commenced at the private Queensland Bar based in Brisbane in January 2003. Prior to this she practised as a solicitor in Brisbane from the mid 1990’s. In addition Judy is a Nationally Accredited mediator.

Judy’s practice is diverse. It spans a broad range of areas including planning and environment, judicial review, mining, environmental authorities and enforcement, native title, local government, determination of compensation for land, infrastructure and general litigation.

She has advised or acted in proceedings for and against the Commonwealth and State of Queensland, Ministers and related entities, various local governments, indigenous representative bodies, companies and private individuals.

During her time at the bar Judy has appeared in the High Court (special leave), Full Federal Court, Federal Court, Queensland Court of Appeal, Supreme Court of Queensland, District Court, Planning and Environment Court, Land Court, both in the Queensland and Grantham Flood Commissions of Inquiry and the Magistrates Court.

A significant number of matters have proceeded to full hearing with decisions published on the relevant court websites, a list of which can be seen by accessing the link to Judy’s CV, located on this page.

Adrian Duffy

Adrian Duffy KC

Adrian was admitted to the Bar in 1997, having before that practised for some 14 years as a solicitor, most of which time he was a partner in one of the prominent national firms. He took silk in 2015. He is a member of Hemmant’s List and has chambers in Brisbane and Perth. He holds a Master of Laws from…

Adrian Duffy

Adrian Duffy KC

Areas of Practice

  • Alternative Dispute Resolution
  • Appellate
  • Civil Litigation
  • Commercial Law
  • Employment & Industrial Relations
  • Native Title Law
  • Resources, Construction & Infrastructure Law

Overview

Adrian was admitted to the Bar in 1997, having before that practised for some 14 years as a solicitor, most of which time he was a partner in one of the prominent national firms. He took silk in 2015.

He is a member of Hemmant’s List and has chambers in Brisbane and Perth. He holds a Master of Laws from the University of Queensland.

His practice extends to a broad range of commercial litigation, arbitration and mediation, including Admiralty, maritime and aviation law, industrial and employment law, commercial and professional indemnity insurance, infrastructure and resources.

He has long experience in international and domestic arbitration, mostly as legal representative for parties, but including as arbitrator. He is a Fellow of the Chartered Institute of Arbitrators, a Fellow of ACICA, a panel member of AMTAC and of ICC Australia and a supporting member of the London Maritime Arbitrators Association and has acted in a number of maritime arbitrations conducted in London by arbitrators appointed under LMAA Rules. He is also a member of ICCA and has acted in arbitrations conducted under a number of other regimes, including ICC Rules.

He has served on and chaired many professional committees and delivered a number of papers on a variety of areas of law. He is presently a member of the International Committee of the Australian Bar Association and of the International Law and Professional Conduct Committees of the Queensland Bar.

He is listed in Doyle’s Guide as one of the Leading Transport Barristers in Australia and as one of the Leading Employment & WHS Barristers in Queensland.

 

Joshua Pemberton

Joshua was called to the Bar in 2020, following more than eight years practice as a lawyer in senior positions (including Principal) in the Litigation Branch of the Queensland Department of Environment and Science. Joshua has a keen interest in the areas of white-collar and regulatory crime and administrative law, specifically judicial and merits review, having developed significant expertise in…

Joshua Pemberton

Areas of Practice

  • Administrative & Public Law
  • Appellate
  • Commercial Law
  • Employment & Industrial Relations
  • Inquests & Inquiries
  • Native Title Law
  • Property Law
  • Resources, Construction & Infrastructure Law

Overview

Joshua was called to the Bar in 2020, following more than eight years practice as a lawyer in senior positions (including Principal) in the Litigation Branch of the Queensland Department of Environment and Science.

Joshua has a keen interest in the areas of white-collar and regulatory crime and administrative law, specifically judicial and merits review, having developed significant expertise in these areas throughout his career.  In this space, Joshua’s deep insight into in-house Government regulatory authorities, and their processes, places him in a unique position to achieve successful outcomes, both negotiated and in Court, for government and private clients.

Since coming to the Bar, Joshua has maintained a broad Public Law practice as well as regularly taking briefs in Criminal & Quasi-Criminal, Planning and Environment, Land and Property, and Commercial matters, often with a significant Public Law aspect.  Joshua regularly advises and appears for government and private sector clients across all Queensland and Federal jurisdictions.

In Public law recent experience includes:

  • Acting for a private client in a successful appeal in the Queensland Court of Appeal against the Queensland Crime and Corruption Commission.
  • Acting for the State of Queensland in Judicial review proceedings that sought to challenge the Covid-19 ‘High-risk setting’ directive.
  • Advising the Office of Liquor and Gaming Regulation on matters involving the recent inquiry into the Star Casino operations in Queensland.
  • Acting for private clients in disciplinary matters in the Queensland Civil and Administrative Tribunal.
  • Acting for Government Departments in the Land Court in relation to valuation disputes and mining objections.
  • Advising a statutory authority on specific questions arising from the interaction between its licensing regime and the Human Rights Act 2019 (Qld).
  • Acting for and advising a Local Council responding to a Native Title Claim involving complex extinguishment considerations.
  • Advised a private client on options for challenging a development approval under a local planning scheme in circumstances where the matter of the approval was attended with an error of law.
  • Advising various State Government Departments, Agencies, and private clients on statutory construction emanating from various Queensland and Federal enactments.

In Criminal and Quasi-Criminal Law recent experience includes:

  • Acting as a prosecutor for the Crown in a large complex indictable prosecution for offences under the Environmental Protection Act 1994 (Qld).
  • Acting as a prosecutor for the Queensland Fire and Emergency Service (QFES) in a summary trial for 19 offences under the Fire and Emergency Services Act 1990 (Qld) and the Building Fire Safety Regulation 2008 (Qld).
  • Acting for QFES as the respondent to an appeal against conviction under s 222 of the Justices Act 1886 (Qld) in the District Court and successfully resisting the appeal.
  • Advised private clients on matters of regulatory compliance in relation to the Planning Act 2016 (Qld), Environmental Protection Act 1994 (Qld), and Building Act 1975 (Qld).
  • Acting for a private client in negotiating a successful outcome regarding significant environmental non-compliance to avoid prosecution.
  • Acting for a private commercial entity defending a development offence under the Planning Act

In Civil disputes recent experience includes:

  • Acting for the State of Queensland in a contested Supreme Court application seeking further and better particulars in relation to a malicious prosecution and misfeasance in public office suit against the State of Queensland and others.
  • Advising a private client on the application of ss 53 and 55 of the Property Law Act 1975 (Qld) to a ‘give and take’ agreement involving a large cattle property.
  • Acting for a private client in a simple private nuisance and trespass to land claim involving over-excavating land.
  • Acting for a private client in a complicated failed joint venture claim involving the operation of a regional hotel.
  • Advised a private client about constructive trusts in relation to jointly held real property.
Andrew Preston

Andrew Preston

Andrew conducts a diverse practice as a barrister with his base in Brisbane.  He was admitted to the bar on 15 May 1989 and has advised or acted in proceedings on behalf of and against the Commonwealth, the State of Queensland and its executive arms, Aboriginal and Torres Strait Islander representative bodies, corporations and individuals.  He has appeared in the…

Andrew Preston

Andrew Preston

Areas of Practice

  • Administrative & Public Law
  • Crime
  • Employment & Industrial Relations
  • Family Law
  • Inquests & Inquiries
  • Native Title Law
  • Property Law

Overview

Andrew conducts a diverse practice as a barrister with his base in Brisbane.  He was admitted to the bar on 15 May 1989 and has advised or acted in proceedings on behalf of and against the Commonwealth, the State of Queensland and its executive arms, Aboriginal and Torres Strait Islander representative bodies, corporations and individuals.  He has appeared in the High Court, Full Federal Court, Federal Court, Federal Circuit Court, Queensland Court of Appeal, Supreme Court of Queensland, District Court, Land Court, Magistrates Court and in the Queensland Civil and Administrative Tribunal.

Andrew has previously worked, in his capacity as a barrister, in various areas of the Crown Solicitors Office working in the Crown Law Office in various areas including general litigation and general advocacy appearing for the Crown in a range of matters including coronial inquiries, statutory compliance and enforcement prosecutions across a range of legislation, mental health appeals, professional disciplinary proceedings and child protection.

During this time he was seconded to the Commission of Inquiry into Possible Illegal activities and Associated Police Misconduct (Fitzgerald Inquiry).  Andrew also worked in the Policy and Legislation arm of the Department of Justice and Attorney-General as a Ministerial adviser and then on various amendments to the Criminal Code and Serious Violent Offenders legislation. He became the Executive Legal Consultant of the Native Title Law Branch before departing to work as the Principal Legal Officer for an Aboriginal Land Council.  He commenced practice at the private Bar in 2000.

Between February 2014 and March 2016, Andrew was admitted as a barrister and solicitor of the Supreme Court of Solomon Islands and appeared at trial and on appeal for the tribal groups of Isabel successfully overturning a the registration of Torrens system title in a large mining corporation and having the land back placed in the hands of its traditional owners.

Andrew has been consistently recognised in Doyles Guide as a leading Native Title Junior Counsel – Australiawide since 2012.  Most recently he has been recognised in the 2022 rankings.

 

 

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