Native Title Representative Body/Service Provider (NTRB/SP) lawyers and management face significant challenges which are unique to this sector. This includes the identification and management of conflicts of duty. Conflicts of duty is more commonly referred to as conflicts of interest. We have developed an article to help NTRB/SP lawyers to identify and manage potential conflicts of duty.

Our article has been developed as part of professional development sessions for NTRB/SPs. The article is not intended to undermine or be critical of NTRB/SP operations. Indeed, the functions of NTRB/SPs are vital to the effective operation of the Native Title Act 1993(Cth).

Our article explores the legal principles of conflicts of duty and identifies case law relevant to NTRB/SPs. Our article then briefly notes other considerations that may be relevant to NTRB/SPs and, using hypothetical examples, identifies possible responses. Finally, our article provides some practical tips for NTRB/SP lawyers.

The article is available here. This article is a guide only and is not intended as legal advice.