PROFILE

Full Name: Adam C McLean
Email: amclean4@me.com
Chambers: Owen Dixon Chambers East
Room: 0917A
Date of Admission: 23 Mar 1992
Called to the Bar: 24 May 2002
Nationally Accredited Mediator: 23 Dec 2010
Qualifications: LLB, BSC Hon
Previous Occupation: Solicitor, Zoologist

Profile

Adam McLean has over twenty years’ experience practising in the controversial and highly publicised and politicised areas of native title, industrial relations, employment law, and criminal law.

Native title, Industrial relations and employee workplace relations are the focus of his current practice, and he has experience in both defence work and prosecuting in this area.

Adam's appearances on behalf of the Australian Manufacturing Workers' Union (AMWU) involve wide-range of employment and industrial law matters and issues; including the Toyota mass redundancy cases.

Adam's practice covers both civil and criminal jurisdiction. His court appearances include trials and appeals in the Federal Court and Federal Magistrates' Court; and the Supreme, County and Magistrates' Courts of Victoria. He has also been briefed to appear in the Coroner's Court. Other appearances include the Royal Commission into the NSW Police Service and as an advocate in tribunal hearings.

An experienced negotiator and mediator, Adam has advised Government agencies in New South Wales and Victoria in relation to native title and land rights claims. He has also represented many native title claimant groups advising in relation to settlement matters.

In addition to law, Adam has an honours degree in zoology and has a good grasp of scientific methodology

Adam was admitted to practice in 1991 and signed the Bar Roll in 1999.

Adam was recently the Principal Legal Officer of Cape York Land Council.

Significant Court matters include lead appearances in:

2017
Cape York United No. 1 Claim QUD 673/2014

2014
Northern Cape York Group #1 QUD157/2011 Native Title determination (Cape York QLD)
Kowanyama Native Title Part D Native Title determination October 2014 (Cape York QLD) QUD6119/1998
Northern Cape York Group #2 QUD156/2011 Native Title determination July 2014 (Cape York QLD)
Dja Dja Wurrung Peoples v. State of Victoria. Vid6001/00, VID6006/98, VID6001/99, VID6003/99

2012
Applicant v. Toyota Motor Corporation Australia C2012/6 + 45 other Matters (AMWU Toyota redundancy cases)
Wadi, Wamba, Barapa v. State of Victoria. VID 6005/2000

2000
Byron Bay Bundjalung People (Arakwal) v. State of New South Wales (Arakwal). Federal court numbers NSD 6010/98, NSD 6088/98, NSD 6020/0

1997
Tabulam Bundjalung v. State of New South Wales. NSD 6032/98, NSD6071/98, NSD 6042/98

1996
Baryulgil Bundjalung v. State of New South Wales. NSD 6027/98

1994
Wiradjuri Wellington v. State of New South Wales. NSD6001/96. This was the first native title application under the Native Title Act 1993 (Cth).


Significant Agreements – lead negotiator:

2017
Peninsula Developmental Road Indigenous Land Use Agreement (PDR ILUA) - Cape York, QLD.       Significant infrastructure agreement between Traditional Owners and the State of QLD

2013
Dja Dja Wurrung Indigenous Land Use Agreement (ILUA) – Native Title – Central Victoria.             (Native Title Act 1993 (Cth) Traditional Owner Settlement Act 2010)

2010
Gaagal Wanggaan (South Beach) National Park – Warrell Creek, NSW Agreement (pt 4A National Park and Wildlife Act 1974 (NPWA))

2008
Yuin – Biamanga and Gulaga – Narooma, NSW (pt 4A NPWA)

2007
Arakwal, Byron Bay, NSW. ILUA (No 2 and 3) Native Title Act 1993 (Cth)

2006
Worimi Conservation Lands – Stockton Bight, NSW 2006 (pt 4A NPWA)
Ngiyampaa Wangaaypuwan, Mr Grenfell – Cobar, NSW (pt 4A NPWA)
Arakwal, Byron Bay, NSW. ILUA (No1) Native Title Act 1993 (Cth)
Traditional owners – Armidale Mining Co Agreement. Armidale, NSW. Native Title Act 1993 (Cth)

1998
Traditional owners – Adelong Mining NL – Tumut Brungle Area Agreement. First registered ILUA in Australia

1995
Tabulam Bundjalung, Tabulam, NSW – Mining.  Future Act Agreement Native Title Act 1993 (Cth)
Wellington Town Common Agreement, Central Western NSW. This was the first native title claim under the Native Title Act 1993 (Cth)


QUALIFICATIONS
Institute of Arbitrators and Mediators certificate
LLB
B. SC (Hons) Zoology

COMMITTEES
Victorian Bar Human Rights Committee
Board member of the Victorian National Park Advisory Council (NPAC)
Victorian Industrial Bar Association
Former convenor and committee member of the Australian Lawyers for Human Rights (Victorian Chapter)

MEMBERSHIPS
Adam is a member of Arbitrators and Mediators Australia.

Areas of Practice

Commercial

  • Bankruptcy
  • Corporate Insolvency
  • Intellectual Property
  • Real Property

Public/Administrative

  • Civil and Human Rights
  • Discrimination
  • Judicial Review and administrative law
  • Native Title

Criminal

  • Appellate
  • Proceeds of Crime/Money Laundering

Family Law and Guardianship

  • Appellate

Industrial/Employment

  • Employment Contracts and Restraint of Trade
  • Industrial Disputes and statutory employment rights

Environment and Planning

  • Environmental and Planning Offences

Defamation

Areas of Mediation

Commercial

  • Bankruptcy
  • Corporate Insolvency
  • Intellectual Property
  • Real Property

Public/Administrative

  • Civil and Human Rights
  • Discrimination
  • Judicial Review and administrative law
  • Native Title

Criminal

  • Proceeds of Crime/Money Laundering

Family Law and Guardianship

Industrial/Employment

  • Employment Contracts and Restraint of Trade
  • Industrial Disputes and statutory employment rights

Environment and Planning

  • Environmental and Planning Offences

Alternative Dispute Resolution

Also Entitled to Practise in

  • Australian Capital Territory
  • Federal Court of Australia
  • Federal Courts
  • High Court of Australia
  • New South Wales
  • Northern Territory


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