Former Northern Land Council lawyer banned from appearing in Katherine Native Title stoush

The former head of the Northern Land Council’s legal department has been banned from representing the Jawoyn Association in its Native Title claim due to a conflict of interest.

Ron Levy has been banned from representing the Jawoyn Association in its Native Title claim to the lands and waters in and around Katherine.

A FORMER head of the Northern Land Council’s legal department has been banned from representing the Jawoyn Association in its Native Title claim due to a conflict of interest.

The association represents one of two competing groups that claim traditional ownership over the town of Katherine and have each lodged Native Title applications.

The association had hired former NLC principal legal officer Ron Levy to handle its claim but that move was opposed by the competing claimant, representing members of the Dagoman language group.

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The Dagoman group took the dispute to the Federal Court on the basis that “there is a risk that there will be misuse of confidential information which Mr Levy possesses because of his earlier involvement in the (competing) claim” and “he has assumed a position which is hostile to his former client”.

The court heard Mr Levy appeared in court hearings for the Dagoman families while working for the NLC between 2007 and 2014 and that that would constitute a conflict of interest if he switched sides.

Current NLC lawyer, Daniel Wells, earlier told the court he considered that Mr Levy was “privy to, and a named recipient of, confidential communications concerning the assertion by the Jawoyn Association that the Jawoyn people are the holders of Native Title rights and interests in the area on which the town of Katherine is located, and concerning strategic approaches that might be taken in relation to the Jawoyn Association and its claimed interests in Katherine”.

In restraining the association from engaging Mr Levy, Judge John Griffiths ruled that he “has a conflict of interest and has assumed a position on behalf of the Jawoyn claim applicant which is directly hostile to the (Dagoman group)”.

“In presenting the Jawoyn claim, Mr Levy has left no doubt that his client’s interests are hostile to the (competing) claim,” he said.

“This is reflected … in seeking to have the (competing) claim struck out, including on the basis that it is unauthorised.”

Justice Griffiths also found that due to Mr Levy’s earlier work with the Dagoman families, there was a “a real risk of misuse of confidential information”.

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“In all the circumstances here, it is necessary to ensure the due administration of justice and to protect the integrity of the court’s processes that Mr Levy be restrained from acting for the Jawoyn claim applicant, whose interests are diametrically opposed to those of the (competing) claim,” he said.