Summary of MPS Law work in 2023-2024

Summary of MPS Law work in 2023-2024

MPS Law has a national practice with work around Australia. Some of our recent work and clients are shown below.

MPS Law also measures performance in a number of ways. Some of our key performance indicators are shown below.

For more information about our national coverage or our performance, please contact us at info@mpslaw.com.au.

 

Recent recognition by industry experts

Throughout 2023 and to start 2024, MPS Law has continued to be recognised by industry experts.

In February 2023, MPS Law Principal Michael Pagsanjan was recognised as a leading lawyer in Doyle’s Guide, with MPS Law Senior Lawyer Reade Allison recognised as a native title rising star. 

In May 2023, MPS Law Special Counsel Georgina Reid, along with Reade Allison, presented to industry experts and colleagues on “Ethical Negotiation of Indigenous Land Use Agreements” at a Legalwise conference.

In August 2023, Michael was recognised as the native title partner of the year in the Lawyers Weekly Partner of the Year Awards. Michael was also a finalist in the Pro Bono partner of the year category.

MPS Law was also a finalist for Boutique Law Firm of the Year for the 2023 Australian Law Awards. Michael was further recognised as a finalist for Managing Partner of the Year.

In December, Michael was ranked Band 1 as a Lawyer for Native Title: Traditional Owners by the Chambers Asia-Pacific Legal Guide 2024.

Also in December, Reade was shortlisted as a finalist in the Lawyers Weekly 30 under 30 awards.

In February 2024, MPS Law was recognised in Doyle’s Guide as a leading native title firm, with Michael also recogised as an industry leader. In addition, Georgina was listed as ‘recommended’, and Senior Lawyer Helen Orr was recognised as a native title rising star.

On behalf of MPS Law, Michael credits recognition to the hardworking team, supportive family and resilient clients.

MPS Law welcomed to new office by Kaurna

On 24 May 2022, friends and team members of MPS Law were welcomed to MPS Law’s new office by Kaurna elder Rosalind Coleman.

Mrs Coleman, on behalf of Kaurna Yerta Aboriginal Corporation, blessed and welcomed guests, powerfully explaining Kaurna’s forever lasting and special connection to the Adelaide region.  

MPS Law is pleased to have been formally welcomed to our new office by Kaurna. We also thank Kaurna Yerta Aboriginal Corporation for approving the use of Kaurna language throughout our office, as daily recognition of Kaurna as the traditional custodians of Adelaide.

 

Recognition in the 2021 Doyle’s Guide

Our Principal Michael Pagsanjan and our firm MPS Law has been further recogised for our expertise, in the 2021 Doyle’s Guide.

 

Doyle’s Guide is an independent legal market research organisation that ranks Australia’s best lawyers and barristers. The ranking is based on testimonials and interviews with clients, peers and stakeholders. This is the second time Michael has been listed, and, the first time our firm has been listed.

“This is a significant achievement for our team at MPS Law. We are pleased that clients and peers believe in the work that we do and our contribution to the law. Full credit must go to the team as a whole, and we celebrate this as a team achievement.” says Mr Pagsanjan.

 

Announcement of Stage Two of the Indigenous Voice to “Parliament” Co-design process

On 30 October 2020, The Hon Ken Wyatt AM MP (Mr Wyatt) announced the beginning of the Indigenous Voice co-design process. The Indigenous voice co-design Process Interim Report (the Report) was handed to the Hon Ken Wyatt in October by the Senior Advisory group.

On 9 January 2021, the Government launched stage two of the co-design process by releasing the interim report and beginning a four-month consultation process about the proposed voice models.

Individuals, communities and organisations are invited to provide feedback either by completing a survey or entering a submission. Submissions close on 31 March 2021 and the survey will close at the end of the engagement period on 9 May 2021.

This article summarises the proposals and responses.

Summary

Currently, there are proposals for (1) a Local and Regional Voice and (2) a National Voice:

Local and Regional Voice Proposal:

That a regional level governance structure:

  • Be designed and led by communities
  • Provide advice to all levels of government to make plans on how to meet community aspirations and deliver on local priorities
  • Provide local views to the National Voice where this informs national issues.

National Voice Proposal:

That a national body made up of Aboriginal and Torres Strait Islander people that:

  • Could provide advice to the Australian Parliament and Government on relevant laws, policies, and programs.
  • Could engage early on with Australian Parliament and Government in the development of relevant policies and laws.”[1]

Further detail on proposed Local and Regional Voice structure

There is no requirement for the local and regional voice to have a set structure. Different regions can create structures that are best suited to their local community. The report proposes 25-35 local and regional voice regions across Australia.

The recommendation is a flexible principals-based framework. This could include the following features:

  • Clear ways for local Aboriginal and Torres Strait Islander people, communities, and organisations in the region to get involved and have more of a say.
  • Allow for local priorities to be addressed at the local level.
  • An agreed way to work together in partnership with governments (e.g. partnership meetings)

Further detail on proposed National Voice Structure

Membership for the National Voice could happen in two different ways:

  • ‘Structurally linked’ – selected from local and regional voices or
  • ‘Directly elected’ – where elections are held for Aboriginal and Torres Strait Islander people to elect national voice members.

Members would represent their States, Territories and the Torres Strait Islands.

The National voice could include the following features:

  • Consist of up to 20 members, with guaranteed gender balance of members.
  • Include Youth and Disability Advisory Groups to ensure voices of these groups are heard.
  • Connect with Local and Regional Voices to provide views from local communities.
  • Work with existing bodies structures and organisations.
  • Advise on national matters that are critically important to the social spiritual and economic wellbeing of Aboriginal and Torres Strait Islander people.

Response to the Report

In response to the Report, Mr Wyatt noted that “the best outcomes are achieved when Indigenous Australians are at the centre of decision‑making. We know that for too long decision making treated the symptoms rather than the cause.”[2] This sentiment has been echoed in media, political and academic conversation surrounding the public release of the report.

In October 2020, prior to the release of the report, Ms Pat Turner, Co-Chairperson of the Joint Council in Closing the Gap, cautioned against the risk of an Indigenous voice to parliament, as proposed in the Uluru Statement from the heart, being subverted into a “voice to government”.  Ms Turner warned that the latter is “likely to be disjointed, conflicted, and thus counterproductive”.[3]

Ms Turner, who is also a member of the senior advisory group, elucidated that an essential foundational element is to prevent “the indigenous voice from being applied only at the discretion of governments when and on what governments determine”.[4]

Professor Megan Davis, a Cobble Cobble Aboriginal woman and the Balnaves Chair in constitutional law, echoes Ms Turner’s concerns regarding the interim report preferencing a “voice to government”. However, Professor Davis is very encouraging of the co-design process and highlights that “self-determination is at the core of democratic governance.”[5] Professor Davis notes that the important consultation process should not be muddied by a “legislate first, enshrine later debate” and emphasises the need to enshrine the voice to parliament in the constitution by referring to it as a ‘vision of unity’.[6]

Mr Tom Calma, the Co-chair of the senior advisory group, commented that “the key thing is to create a forum in which dialogue between political decision makers and Aboriginal and Torres Strait Islander people can take place because it doesn’t happen at the moment and it needs to happen.”[7]

Information and documents regarding the Indigenous Voice co-design process can be accessed from the NIAA website.

Endnotes

[1] See https://voice.niaa.gov.au/.

[2] The Hon Ken Whyatt AM MP. ‘Have your say on Indigenous Voice proposals’ (Media Release, 9 January 2021) https://ministers.pmc.gov.au/wyatt/2021/have-your-say-indigenous-voice-proposals.

[3] Hurst, Daniel. ‘Indigenous voice to parliament: Pat Turner urges PM to show ‘a bit of backbone’, The Guardian (online, 30 September 2020) https://www.theguardian.com/australia-news/2020/sep/30/indigenous-voice-to-parliament-pat-turner-urges-pm-to-show-a-bit-of-backbone.

[4] Hurst, Daniel. ‘Indigenous voice to parliament: Pat Turner urges PM to show ‘a bit of backbone’, The Guardian (online, 30 September 2020) https://www.theguardian.com/australia-news/2020/sep/30/indigenous-voice-to-parliament-pat-turner-urges-pm-to-show-a-bit-of-backbone.

[5]Davis, M. ‘Our Indigenous voice is just waiting to be heard’. The Australian (online, 16 January 2021) < https://www.theaustralian.com.au/inquirer/our-indigenous-voice-is-just-waiting-to-be-heard/news-story/1f8c05d20d90bd11bb535e34e04df64c>.

[6] Davis, M. ‘Our Indigenous voice is just waiting to be heard’. The Australian (online, 16 January 2021) < https://www.theaustralian.com.au/inquirer/our-indigenous-voice-is-just-waiting-to-be-heard/news-story/1f8c05d20d90bd11bb535e34e04df64c>.

[7] Dingwall, D. ‘Indigenous Voice to Parliament would create much-needed dialogue with government: Tom Calma’. New Castle Herald (online, 15 January 2021) < https://www.newcastleherald.com.au/story/7085668/how-indigenous-voice-to-parliament-works/>.

Principal recognised in the 2021 Chambers Asia-Pacific Guide

MPS Law Principal, Michael Pagsanjan, has been ranked in the 2021 Chambers and Partners Asia-Pacific Guide (the Guide).

 

The Guide provides reliable information on Australia’s top lawyers, with rankings based on in-depth analysis by leading researchers. The Guide analyses the international legal market, including in Australia, China, India, Japan, South Korea and Singapore.

Michael is ranked amongst nine other top native title lawyers for representing Traditional Owners, and is the only ranked native title practitioner based in South Australia.

This is the first time Michael has been ranked in the Chambers Guide.

For more information, contact Michael Pagsanjan (michael@mpslaw.com.au).