PROFILE: PATRICK FRANCIS MCINTYRE

Contact details: Patrick McIntyre

Barrister & Mediator

John Toohey Chambers

1/18 Knuckey Street GPO Box 3348

DARWIN NT 0801

ph: 08 8941 3373; 0417 805 956; Fax: 08 8941 7018

email:

Qualifications & Affiliations

2003-10Co-chair Mawul Rom Project

2003-6Co-chair National Mediation Conference Ltd

1998-2006Member NT Reconciliation Council, vice-President 1998-99, President 2000-04

1999Member, Financial Services Complaints Resolution Scheme Conciliators Panel

1998-01Member, Law Reform Commission, NT; ADR sub-committee

1997-09 Charles Darwin University External Law Lecturer

1997Member National Electricity Market Mediator List

1996Member IOOF Building Society Mediators Panels

1996- Member LEADR Advanced Panel of Mediators

1995-98Associate Member Institute of Arbitrators Australia

(Vice-President NT Chapter 1996);

1996-98Member Board of Directors, Australian Centre for

International Commercial Arbitration

1995-Member NT Supreme Court Mediator Panel

1994-Admitted Supreme Court of Northern Territory of Australia; Member Law Society NT

1994Recipient Law Society of South Australia Honorary Inter-state Membership (3 years) for services to the rural legal profession.

1993-Registered Mediator (LEADR); Member LEADR (NT Chapter Chairperson 1996-97, 99-2000)

1993Member Law Society of SA, ADR Executive Committee.

1985-91Member Flinders University Ethics Committee

1979-Admitted to the Bar Supreme Court of South Australia & High Court.

1979-97Member Law Society of SA

Major Litigation & Mediation Projects

Kadlunga v Electricity Trust of South Australia (1983-88):This was the successful test case arising from the $400 million bushfires of Ash Wednesday 1983

Blyth District Hospital v South Australian Health Commission (1988):This constitutional/administrative law case successfully challenged the State’s plan to close rural hospitals recognised under the Commonwealth/State Medicare arrangements.

Smart v State of South Australia (1988-94):Consent judgment was ultimately entered on 24th September 1994, (in this the first representative action under new Court Rules allowing for such ‘class actions’), against the State for damages caused to numerous farmers by the negligence of government instrumentalities.

Hill v Repatriation Commission (1990):The AAT finally upheld the availability of war pensions for veterans suffering radiation-induced cancer from military service at Hiroshima.

Hill v DEET (1991):Pursuit of this appeal in the AAT resulted in negotiation of amendments to Commonwealth legislation providing greater access to Austudy for the children of drought-affected farmers.

Waluwarra/Georgina River Peoples Native Title Claim (1997-2002): During the preparation of this on-going Native Title Claim, and for the first time anywhere in Australia, I led successful negotiations on behalf of a Native Title Claim Group, securing the terms of an Indigenous Land Use Agreement in respect of Pastoral Lease lands between the claimants, a Pastoral Lease Holder and the Queensland Government.

Mardiwah Loop Native Title and Land Use Dispute: Engaged by the W.A. Department of Indigenous Affairs and the Kimberley Land Council, I successfully mediated a multi-departmental, Federal/State, cross-cultural and intra-indigenous land dispute relating to a proposed multi-million dollar Housing & Community Development Project in Halls Creek, East Kimberley W.A.) (1998-99)

Lake Bennett Mediation : Retained by the Department of Justice, I successfully mediated a Commercial Land Use and Town Planning Dispute involving in excess of 70 negotiating parties including Registrar General, Dep’t of Lands, private Law firms, a Resort Operator and the owners of numerous allotments of land. The terms of the settlement were eventually put into effect by special legislation [Lake Bennett (Land Title) Act 2005]. (2002-2003)

Dampier Peninsula Mediation: Retained by the W.A. Department of Indigenous Affairs to mediate disputes involving competing intra-indigenous, community, State & Federal departmental and large-scale commercial interests, I facilitated the development of systems for ‘good governance’ on the Dampier Peninsula via Broome, W.A. 2006.

Milatos v Clayton Utz (2006-08): I was retained as Juniour Counsel to John Reeves QC in this successful claim against a law firm for breach of fiduciary duty and misleading and deceptive conduct in what became the longest civil trial in NT legal history.

Other professional, training and facilitation activities

  • S.A. Country Schools; (5 towns) Funding Dispute (1989-90);

Mediated negotiations between 5 School Boards concerning the allocation of regional S.A. Government education resources.

  • Coffin Bay Aquaculture/Natural Heritage Dispute (1989-90); assistance provided in negotiations in relation to an environmental conflict arising from a major aquaculture development on South Australia’s Eyre Peninsula
  • Inter-state Schools Dispute (1991-92); S.A/ Vic Governments Inter-Community (Murrayville/Pinaroo) Inter-state School Access Constitutional Dispute; successfully advocated community and student rights under Sc 117 C’wlth Constitution.
  • S.A. Rural Finance Crisis (1990-94); designed and delivered a negotiation/mediation summit between S.A. Government (Dep’ts of Agriculture and Finance), Banks and the Rural Finance Industry Sector & Primary Producers (United Farmers & Stockowners and others) during the rural finance crisis resulting in a 12 month moratorium on primary producer mortgage foreclosures. Eventually a structured program for re-settlement of impoverished farmers was implemented with the assistance of the Law Society of S.A.
  • Cultural Literacy Workshop (1994); Bombay, India. I facilitated a multi-national 14 day ‘live-in’ workshop “Community participation in cultural decision-making”.
  • LEADR Mediation Workshops (1996-2006); Trainer & Coach (Darwin, Adelaide, Sydney, New Delhi, Bombay) (Including mediation training of staff of National Native Title Tribunal, Aust. Taxation Office, S.A. Corrections Department, S.A. Courts, SA Correctional Services).
  • “LISTEN-UP” Negotiating Native Title (1997); Sydney. (Co-produced and co-delivered this workshop which was sponsored by LEADR).
  • Katherine Floods (1998); Retained by the NT Chief Minister’s Office to facilitate on-site decision-making among government and non-government organisations in the delivery of disaster relief assistance. Subsequently retained by the NT Legal Aid Commission to provide urgent on-site preliminary advices to victims of the flood in the weeks immediately post-flood in relation to potential insurance and Trade Practice Act claims.
  • NT Aboriginal Justice Advisory Council (1999); collaboration training workshop N.T. Aboriginal & Torres Strait Legal Aid Services; (CAALAS, KRALAS & NAALAS); ‘whole of staff’ collaboration training weekend.
  • Yilli Reungg Regional Council; ATSIC Strategic Planning Workshop(2000&2001).
  • NT Community Consultation(2000); Retained by the NT Government to facilitate community consultation meetings to assist Ntsafe (the governments Crime Prevention Unit) to develop the NT Crime Prevention Strategy. Facilitation of meetings in urban centres and in a large number of remote aboriginal communities throughout the NT.
  • Australia-Indonesia Ministerial Forum(2000); Member of the Australian delegation (representing LEADR) at the Inaugural Joint Meeting of the Australia-Indonesia Ministerial Forum Working Group on Legal Cooperation in Jakarta; ADR & Human Rights Interest Groups. Invited to again participate in the return functions in Australia in 2005, 2006 & 2008 (cancelled).
  • UNTAET Mediation Training(Dec. 2000); Developed & delivered an ADR Training Program for the East Timorese Land Dispute Resolution Unit and again for the East Timor/Australia Legal Assistance Symposium (March 2002).
  • ATSIC NT ‘Framework Agreement’(2001-2002); Facilitated discussions between ATSIC and the four NT Land Councils.
  • National Native Title Tribunal ‘Mediating and Agreement Making in Native Title Disputes’(2003-2004); Co-designed and co-delivered an advanced skills training program over three workshop sessions in Perth (x2) & Brisbane to all Members and Case Managers (and other staff) of the Tribunal involved in facilitating negotiations under the Native Title Act (C’wlth).
  • Community Justice Centre; designed & delivered various Mediation training programmes, Darwin NT (2003-06) and Indigenous Mediation Training, Alice Springs (2006), Yuendumu (2007).
  • Mawul Rom Cross-cultural Mediation & Leadership Training Project; after several years of dialogue, negotiation & design, the ‘pilot’ project was delivered in 2004. The programme was re-launched as a 4-year course of study (cross-culturally accredited) in a collaboration between Yolngu Elders, NT Dept of Justice, Australian Federal Police & Charles Darwin University on 21st March 2007 and the annual remote intensive workshop delivered in July 2007, 2008 & 2009. In October 2010 our first graduates will receive their Masters in Indigenous Knowledge (Mawul Rom). (See
  • Galiwinku/NT Police Cross-cultural Negotiation (2007) I facilitated a negotiation pursuant to an Order of the NT Supreme Court and pursuant to Madayin Law (Yolngu Legal System) resulting in a settlement of two damages claims against the NT Police and the development of a framework for future collaboration toward good policing practice in Galiwinku respecting these two Systems of Law.

Professional Papers Delivered

  • “Cross-cultural Mediation & Training; Problems & Prospects”; AIATSIS Seminar; May 2005 (with Morgan Brigg)
  • “The Mawul-Rom Capital City Seminars; Bridges for Cross-Cultural Mediation”; (with Rev. Dr. Djiniyini Gondarra OAM), Brisbane, Sydney, Melbourne, Canberra, Perth & Darwin 2004.
  • “Ethics, Pluralism & Leadership in ADR”; Plenary Paper 6th National Mediation Conference, Canberra, September 2002
  • “Choice Meets for Vegetarians:- a peace praxis”; Asia Pacific Mediation Forum, Uni. S.A. Adelaide 2001
  • “Societal Decision-making: The Role of Negotiation Facilitators”; LEADR International ADR Conference, Sydney 2000.