Aboriginal Rights

Berg Lawyers assists Aboriginal People to obtain recognition of their claims for lands, water, sky, cultural property and materials. This will include providing advice and assistance in relation to native title, heritage legislation and the effects of the common law. Berg Lawyers have undertaken important research into the foundation documents of the State of South Australia and highlighted the protections contained in those documents for Aboriginal People’s right to land. This has been instrumental in rethinking amendments to the constitution of South Australa and the instigation of treaty making between the State of South Australia and Aboriginal nations. Berg Lawyers currently assists the Ngarrindjeri People in their negotiations for treaty with the State of South Australia.

Our expertise involves negotiating arrangements and understandings between Aboriginal People and third parties, including the State, Local Councils and developers. These negotiations have resulted in agreement in which Aboriginal People are recognised and take responsibility for their land, water and sky. Berg Lawyers have assisted Aboriginal Nations in terms of protection and management of their cultural knowledge and property.

Berg Lawyers also conducts litigation where alternative dispute processes are not suitable. Shaun Berg, the principal of Berg Lawyers, was counsel and solicitor in the High Court decision in Karpany v. Dietman [2013] HCA 47. This decision resulted in the recognition of the native title right to fish for Aboriginal People in South Australia and confirmed the operation of Section 211 of the Native Title Act (1993) in terms of fishing rights. Another important litigation related to the consent and use required for the publication of cultural property and materials. Berg Lawyers acted for a number of senior men of the Anangu People.

If you require any assistance with these types of matters please contact:

Shaun Berg
E: sberg@berglawyers.com.au
M: 0421 109 201

Eleanor Kay
E: ekay@berglawyers.com.au
M: 0430 104 313