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Arnold Bloch Leibler Indigenous Solidarity Statement of Commitment

Acknowlegment of Country and note on language Arnold Bloch Leibler acknowledges and pays respect to the Traditional Custodians of country all over Australia. We acknowledge and respect that many Traditional Custodians maintain their sovereignty, which has never been ceded. Our firm’s offices are based in Melbourne on the lands of the Wurundjeri people of the Kulin Nation, and in Sydney on the lands of the Gadigal People of the Eora Nation. For the purposes of this Statement, we have used the terms ‘Aboriginal’, ‘Torres Strait Islander’, ‘Indigenous’ and ‘First Nations Peoples’ interchangeably to refer to Aboriginal and Torres Strait Islander peoples who have inhabited and who have remained connected to this land for more than 60,000 years. In using this language, we seek to acknowledge the diversity of Aboriginal and Torres Strait Islander cultures and identities across Australia.

Artwork pictured throughout © The Estate of Paddy Bedford Over many years Arnold Bloch Leibler enjoyed a close working relationship with the ground breaking Jirrawun Arts and its group of master Gija artists of the East Kimberly, including Paddy Bedford, Freddie Timms, Peggy Patrick, Hector Jandany, Rammey Ramsey, Goody Barrett, Rusty Peters and Phyliss Thomas. We helped establish Jirrawun two decades ago to protect and promote the interests of these Gija artists. With the passing of many of its artists, including Mr Paddy Bedford, Jirrawun was wound down several years ago. Public Interest Law Partner Peter Seidel is now the co-executor of Mr Bedford’s Estate. The works displayed in this publication have been reproduced with the permission of his Estate. 2

Contents 5

Statement overview

Message from Mark Leibler AC

Message from Henry Lanzer AM

Message from Peter Seidel

12 History 14 Timeline 18

Events, activities and firm initiatives

Priorities for 2024

Tracking and reporting

Impact Model Clients & causes

Uluru Statement from the Heart

Namatjira Legacy Trust

Yorta Yorta Aboriginal Corporation

First Nations Foundation

Wantok Musik Foundation

Ramahyuck District Aboriginal Corporation

First Australians Capital

Anindilyakwa Land Council

Birrarangga Film Festival

Sharing Stories Foundation

45 Woor-Dungin 46

Black Duck Foods

Opening the Doors Foundation

NORTH Home Textiles

Nairm Marr Djambana Inc

Yamatji Marlpa Aboriginal Corporation

Statement overview For nearly 30 years, Arnold Bloch Leibler has worked with Aboriginal and Torres Strait Islander communities, organisations and individuals, often pro bono, on matters and issues that go to the heart of their resolve to achieve Indigenous self-determination. We understand that for many Indigenous Australians, the language of reconciliation no longer best captures the imperative of self-determination. Arnold Bloch Leibler immediately and publicly accepted the invitation contained in the Uluru Statement from the Heart to walk together with Aboriginal and Torres Strait Islander peoples in a movement of the Australian people for a better future. And in 2019, our Reconciliation Action Plan Committee was renamed the Arnold Bloch Leibler Indigenous Solidarity Network (AISN). The language of solidarity captures the responsibilities and obligations of the firm’s non-Indigenous partners and staff, and better reflects our long-held view that the reality of our shared aspirations will only be achieved by continuing to work alongside each other. The Arnold Bloch Leibler Indigenous Solidarity Statement of Commitment describes this approach, and how we will adopt it in realising specific objectives and priorities for 20212022, as Australia and the world emerges from the COVID-19 pandemic. The Statement is intended as a living document that we will continually adapt from time to time, in line with the priorities of Indigenous clients and friends, many of whom have provided their own messages of solidarity within the Statement. To ensure we review, monitor and measure this important aspect of the firm’s work, we will report annually on progress against our stated objectives and priorities, which will be updated annually, utilising a specially designed impact model.

Message from Mark Leibler AC Working with Aboriginal and Torres Strait Islander peoples, communities and organisations has been a core part of the culture of Arnold Bloch Leibler for more than a quarter of a century. It is not simply what we do - it is part of our identity as a firm, and is valued and respected by our clients, partners and staff across the board. Over this long period, we have assumed a responsibility to share our experiences and learnings across the legal and business community, and with policy makers, to model how to work in partnership with Aboriginal and Torres Strait Islander peoples to realise their economic, cultural and social aspirations. This Indigenous Solidarity Statement of Commitment is borne of our multi-layered experience and informed by our professional and personal relationships with Indigenous people and organisations, which have endured for decades. In 2008, it was a great honour for Arnold Bloch Leibler to be the first law firm in the country to develop a Reconciliation Action Plan. In 2021, it is another honour, both for the firm and for me personally, to launch this Statement of Commitment, which encompasses what we do, how we do it and our ongoing hunger to work in solidarity with Aboriginal and Torres Strait Islander people to achieve true reconciliation for the benefit of the nation as a whole.

Mark Leibler AC, Senior Partner

Message from Henry Lanzer AM As a commercial law firm, Arnold Bloch Leibler always puts the interests of our clients front and centre. In our work alongside Aboriginal and Torres Strait Islander clients, we view and utilise the law as an instrument of social justice, and our approach to everything we do is courageous, innovative and values-driven. In this important area of our practice, under the leadership of our Senior Partner, Mark Leibler AC, we work to assist Indigenous clients to realise opportunities and overcome challenges and obstacles. The energy and commitment Mark has devoted to reconciliation and Constitutional Recognition of Aboriginal and Torres Strait Islander Australians over many years has placed him at the centre of national debate, and earned him respect and trust across the reconciliation and self-determination movement. Alongside Mark, our dedicated Public Interest Partner, Peter Seidel, who has worked closely with Aboriginal communities for almost three decades, has helped shape a culture of commitment across the firm that is collectively owned by lawyers and staff at all levels. This powerful Statement of Commitment has been developed through seamless collaboration between members of Arnold Bloch Leibler's Indigenous Solidarity Network, which comprises lawyers and support staff from every team within the firm. I am very proud of the fact it reflects our whole-of-firm approach to Indigenous causes.

Henry Lanzer AM, Managing Partner

Message from Peter Seidel It gives me tremendous joy to be able to share my thoughts about Arnold Bloch Leibler’s re-commitment to Indigenous peoples and communities and their causes through the Arnold Bloch Leibler Indigenous Solidarity Network. I started at Arnold Bloch Leibler in 1993 to work on the Yorta Yorta Native Title determination application. It was the late great Ron Castan QC AC who did the matchmaking between the firm and the client. He knew that in Arnold Bloch Leibler, the Yorta Yorta peoples would find an understanding and empathetic ear. The partners - most of whom tellingly remain partners of the firm to this day - made a wise and principled decision to take on the Yorta Yorta case in what was a highly flammable political environment at the time. So much has happened in my life since then, most for the better and some for the worse. For me, the great constant has been the firm’s total and steadfast commitment to Indigenous causes, including through the pandemic and all the challenges it presented to us. To be able to pursue a fulfilling career and achieve purpose for nearly three decades at the one firm - a firm that is unwavering in its principled commitment to a cause that lies at the heart of who I am as a professional and as a person - is very rare indeed in the profession. I feel extremely lucky and grateful for it, and I know my partners and Arnold Bloch Leibler colleagues feel the same way about the firm. Fast forwarding to today, one of the great strengths of Arnold Bloch Leibler is our collective willingness to take a look in the mirror from time to time, to review and refine what we do and how we do it. This is particularly important in our work with Aboriginal and Torres Strait Islander Australians, so that we might take account of the awakenings gifted to us through our cross-cultural experiences, working in support of Indigenous peoples and what they seek to achieve. Our new emphasis on the concept of Indigenous solidarity is a perfect case in point. It powerfully and accurately reflects what we have always sought, and will always seek, to achieve in our efforts. As partners and staff of a culturally strong and successful law firm, we have always recognised that for us to help to achieve reconciliation in this country, our best work is done by utilising our legal expertise to support Indigenous peoples in their endeavours. Not to imagine we are in any way qualified to lead the way, but to walk side by side and to bear witness, in solidarity. It is non-Indigenous people who must do this kind of heavy-lifting, not Indigenous peoples themselves, who are already doing what is necessary from their various perspectives. And it’s all set out in the Uluru Statement from the Heart. So, it is in this spirit of principled solidarity that we launch this Statement and re-affirm our commitment to a cause that is truly dear to us. 8

Peter Seidel, Public Interest and Native Title Partner 9

History and commitment to Indigenous justice 11

History and commitment to Indigenous justice Arnold Bloch Leibler’s standing as a leading Australian law firm has been built and nurtured over more than 60 years. Many of the values, characteristics and defining qualities from the early years continue to shape Arnold Bloch Leibler today. A commitment to serving the community and causes that matter to our clients and to us has always been deeply ingrained in Arnold Bloch Leibler’s culture, as evidenced by our longstanding and well recognised public interest law practice. As the timeline and messages from clients included in this Statement illustrate, we have worked with Aboriginal and Torres Strait Islander communities for nearly 30 years, often pro-bono, ensuring that our dedication to Indigenous causes will always be a source of pride for our firm. From representing the Yorta Yorta peoples in their seminal native title claim through the 1990s to early 2000s, to securing the rightful return of the copyright in the lifetime works of iconic Aboriginal artist Albert Namatjira to his family in 2017 and supporting communities in navigating the challenges of COVID-19, Arnold Bloch Leibler’s work with Aboriginal and Torres Strait Islander peoples spans the spectrum of legal, political, economic and cultural challenges. Our approach to working with Aboriginal and Torres Strait Islander communities and their supporters is based on a principled, structured and whole-of-firm approach. We utilise the specialist skills of our commercial practices and apply them in our collaborations with Aboriginal and Torres Strait Islander communities ‘on the ground’, where the real work of walking in solidarity continues to be done.

[Top] Mark Leibler AC pictured with The Hon. Ken Wyatt AM MP, Minister for Indigenous Australians. [Below] The Arnold Bloch Leibler reconciliation working committee of 2016 Pictured (L – R): Maneka Siva Nathan, Clara Jordan-Baird (1988 – 2017), James Hamilton, Steph Watson, Trish Greening, Ahmed Terzic, Kaitilin Lowdon, Claire Southwell, Naish Peterson, Sophie Kearney, Caitlin Edwards, Claire Tedeschi, Aleks Czerwinski & Bridgid Cowling.

[Left] Co-chairs of the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Australians, Pat Dodson and Mark Leibler AC, delivering their final report to former Australian Prime Minister Julia Gillard AC.

The firm is acutely aware of the importance of using our very best efforts to ensure that the decisions and instructions conveyed to us by Aboriginal and Torres Strait Islander clients are based on their free, prior and informed consent, and that traditional decision-making processes are respected and supported.

[Right] Wadeye Education Action Settlement Members of groups from the Thamarrurr region - including Thanpa, Wangka and Lirrga - during a ceremonial performance at Arnold Bloch Leibler's office in Melbourne.

Central to this cross-cultural exchange, we do not patronise and we consciously avoid paternalism. Our entire approach has always been founded on establishing, nurturing and maintaining true and equal partnerships. Not only do we consider this work to be the right thing to do, we also acknowledge that it is good for the firm and for our people. It sharpens our skills, is good for morale and helps attract and retain the brightest and best talent to the firm. We recognise that our deep and ongoing commitment to Aboriginal and Torres Strait Islander peoples, communities, organisations and the causes that are dear to them, particularly in our pro-bono efforts, have become a core part of the firm’s culture and identity. That said, while many of the firm’s partners and staff have experience working within Indigenous cultural environments, we recognise the limits of our knowledge and capability. We acknowledge the complexity and challenges involved in negotiating a relationship of solidarity with Indigenous peoples and communities. We cannot and do not speak for Indigenous Australians but, rather, stand ‘shoulder to shoulder’ in support of their ongoing efforts for justice and self-determination. We see this as a reciprocal relationship where, at the same time as continuing to offer our support and services, we have the privilege to learn from members of diverse and rich cultures, including the most ancient on the planet.

Timeline: Arnold Bloch Leibler’s history of supporting Indigenous empowerment

1993

2000

1993 - present: Arnold Bloch Leibler represented the Yorta Yorta peoples pro-bono in their seminal native title claim, from the National Native Title Tribunal formal mediation, to the Federal Court hearing. Following the regrettable decision of the Federal Court that Yorta Yorta native title ‘had been washed away by the tide of history’, Arnold Bloch Leibler represented the Yorta Yorta peoples during the Full Court of the Federal Court appeal and then during all aspects of the final appeal to the High Court. At a time when the reconciliation movement was in its infancy, the Yorta Yorta peoples coined the phrase ‘the struggle for land justice and peaceful co-existence’, to describe their indefatigable efforts. Arnold Bloch Leibler continues to represent Yorta Yorta Nation Aboriginal Corporation to this day, having assisted to establish it in 1998.

1999: Peter Seidel joins the Advisory Committee to the Council for Aboriginal Reconciliation to assist in the preparation of its Final Report.

2000 - 2007: Arnold Bloch Leibler represents the celebrated but disempowered Gija artists of the East Kimberly in the formation and development of Jirrawun Arts. The philosophy and ethos of Jirrawun Arts was to empower artists and ensure artists are able to contribute meaningfully to ‘two-way’, the Gija word used to describe reconciliation.

2001

2001: Mark Leibler is appointed to the inaugural board of Reconciliation Australia.

2002 - present: Arnold Bloch Leibler works with Indigenous leader Paul Briggs to establish First Nations Foundation to promote improved financial literacy for Indigenous Australians, a key aspect of the reconciliation movement.

2003

2003 - 2007: Arnold Bloch Leibler represents the Wadeye peoples in their ground-breaking racial discrimination action against the Northern Territory and Commonwealth governments, alleging systemic and multigenerational underfunding of education for community members, and highlighting the importance of quality education opportunities to the achievement of a reconciled Australia.

2004: Working closely with the Yorta Yorta peoples, Arnold Bloch Leibler negotiates with the State of Victoria an agreement to enable the Yorta Yorta peoples to co-manage Yorta Yorta country.

2005

2005: Mark Leibler AC is appointed Co-Chair of Reconciliation Australia.

2005 - present: Arnold Bloch Leibler acts as honorary lawyers to Reconciliation Australia.

2008: Arnold Bloch Leibler becomes the first law firm (and professional services firm in the country) to establish a Reconciliation Action Plan.

2008 - 2010: Arnold Bloch Leibler represents Yorta Yorta peoples in the successful negotiation of the joint management of Barmah Forest, which by agreement is converted to national park.

2008

2010: Arnold Bloch Leibler establishes the Legal Profession Reconciliation Network.

2010: Mark Leibler AC is appointed Co-Chair of the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples, which reported in December 2012.

2010

2015: Mark Leibler AC is appointed Co-Chair of the Referendum Council on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples.

2016: Consistent with statistics from the previous decade, Arnold Bloch Leibler lawyers provide over 2,500 pro bono hours of legal advice, and 600 hours of significantly discounted legal advice, to Aboriginal and Torres Strait Islander clients and causes.

2017: The ‘Uluru Statement from the Heart’ is endorsed at the close of the First Nations National Constitutional Convention. The Statement provides a vision for substantive and structural reform through the call for a ‘First Nations Voice’ enshrined in the Australian Constitution and a ‘Makarrata Commission’ to supervise a process of ‘agreement-making’ between government and Aboriginal and Torres Strait Islander peoples. Arnold Bloch Leibler unconditionally accepts the invitation contained in the Uluru Statement from the Heart to walk together with Aboriginal and Torres Strait Islander peoples in a movement of the Australian people for a better future.

2018: The Victorian Government is the first Australian state to pass treaty legislation. The Advancing the Treaty Process with Aboriginal Victorians Act 2018 establishes the framework for forming the Aboriginal Representative Body which will work in partnership with the Victorian Government to facilitate future treaty negotiations with Aboriginal people and traditional owner groups in Victoria. Arnold Bloch Leibler is privileged to represent the Aboriginal Treaty Working group in its negotiations with the State Government over the substance of the legislation and associated legal and policy frameworks.

2016

2017

2018

2018: 34 years after the Northern Territory Public Trustee sold the copyright of Indigenous artist Albert Namatjira’s works to Legend Press, a non-Indigenous publishing company, Arnold Bloch Leibler helps to secure the return of Albert Namatjira’s copyright to the Namatjira Legacy Trust. The Namatjira Legacy Trust, managed by four direct descendants of Namatjira, will use the copyright proceeds to resource community initiatives aimed at strengthening Indigenous art making practices and intergenerational cultural ceremonies.

2020 and ongoing: Arnold Bloch Leibler re-affirms its ‘whole of firm’ commitment to working in solidarity with Indigenous people, symbolised by the AISN name change.

2021: Arnold Bloch Leibler makes a submission to the Federal Government’s Indigenous Voice Co-Design.

2021

Events, activities and firm initiatives

Events, activities and firm initiatives The Arnold Bloch Leibler Indigenous Solidarity Network (AISN) coordinates events and activities that reflect and reinforce Arnold Bloch Leibler’s commitment to broaden and deepen community engagement with Indigenous issues, and the importance of celebrating Indigenous culture. These events and activities are aimed at raising awareness and understanding within the firm, but also externally. Some examples include:

Book club

Screenings

The AISN hosts several book club events throughout the year that all Arnold Bloch Leibler staff members are invited to attend. The books selected are exclusively written by Indigenous authors and display an array of different Indigenous perspectives. Many deal with challenging topics, while also celebrating Indigenous culture through stories of connecting and caring for country. The AISN has also expanded the book club to feature accessible medium such as podcasts and films, with the most recent book club in September 2021 discussing the film My Name is Gulpilil.

The AISN has hosted staff screenings of the following documentaries: ‘After the Apology’ directed by Larissa Behrendt, which examined the rate of Indigenous child removal since Prime Minister Kevin Rudd delivered the national apology to the Stolen Generations in 2008.

‘The Australian Dream’, a documentary about footballer Adam Goodes by Daniel Gordon and Stan Grant.

The book club offers a “safe” and inviting environment for attendees to engage and discuss the themes of a book, or simply listen to other people’s perspectives. The AISN believe these events help to equip people with a level of understanding that allows them to explain and discuss current issues faced in this country with colleagues, family and friends.

The firm also advised the organisers of the inaugural Birrarangga Film Festival, an Indigenous film festival that promotes and advances Indigenous films and filmmakers, while celebrating Global Indigenous Films that explore the curatorial themes of ‘Humanity through Family and Culture’.

Client events

Walking tours

NAIDOC Week 2019: Q&A with First Nations Foundation

The AISN has hosted a number of cultural walking tours for Arnold Bloch Leibler staff run by the Koorie Heritage Trust (in Melbourne) and the Barangaroo Reserve (in Sydney).

In celebration of NAIDOC Week, the firm hosted a thoughtprovoking Q&A with Ian Hamm and Amanda Young, the chair and CEO of long-standing client, First Nations Foundation (FNF). Ian and Amanda shared the ethos and strategy of FNF of assisting Indigenous people to participate equally in the economy. This leads to improved economic outcomes for Indigenous Australians, which in turn will bolster Indigenous health and education, and greater social and political inclusion. FNF also shared with staff the “national emergency” that sees one in two Indigenous Australians experience severe financial stress. MPavilion 2019 event: Wantok Musik Foundation

The AISN hosted staff and guests at MPavilion in Melbourne, where they enjoyed performances by Frank Yamma (accompanied by Wantok Musik CEO, David Bridie and musician Phil Wales) and The Mystic Trio. The event was a celebration of the cultural diversity of our region.

AISN Conversations Since 2020, the AISN has been running a series of ‘In Conversation’ events for all staff virtually. Each event focuses on a different issue, discussing the way that the law can be used as a tool of empowerment for Indigenous peoples. Special guests for the series have included: o

Former Arnold Bloch Leibler lawyer Conor O’Bryan, speaking about life at the Anindilyakwa Land Council, the Groote Eylandt COVID-19 response and SelfDetermination’, and

Barrister Tim Goodwin, speaking about the cases of Love v The Commonwealth and Thoms v The Commonwealth, the Australian Constitution, “aliens” power and Aboriginal Australians.

The intention of the ‘In Conversation’ series is to maintain and enhance staff engagement, both within the AISN and across the firm. This was a particularly important initiative during COVID-19 lockdowns, where physical interactions in the office were not possible.

[Left] Recognition discussion with Minister Ken Wyatt Guests at the 2019 event held at the Arnold Bloch Leibler office in Melbourne. {Right] Q&A with First Nations Foundation - 2019 NAIDOC week event Pictured: First Nations Chairperson Ian Hamm.

AISN newsletter In mid-2020, the AISN established an internal newsletter to convey network news across the firm and help colleagues to stay informed on current issues affecting Indigenous communities, including their response to COVID-19. The newsletter summarises topical articles and issues, showcases Arnold Bloch Leibler's public interest law clients and initiatives, and provides recommended reading and viewing ideas (for children and adults).

Branding update: Indigenous place names In October 2021, the firm rolled out an update to our letterhead, email signatures and website to include the Indigenous place names of the firm's office locations. In Melbourne, the address now includes Wurundjeri Country, and in Sydney, Eora Country. The movement to include traditional place names has recently gathered momentum and has been adopted by institutions such as Australia Post and the ABC. However, it remains largely unadopted in the legal industry. Centering traditional concepts of place reflects Arnold Bloch Leibler’s continuing commitment to championing Aboriginal and Torres Strait Islander voices and valuing Indigenous knowledge.

Cultural awareness training An Indigenous cultural awareness training program was formally introduced as a compulsory component of Supervised Legal Training for all graduates in 2020. 19

Priorities for 2024

Priorities for 2024 The main priorities for 2024 include:

To remain focused on and committed to respectfully listening and responding to First Nations perspectives on the referendum result, and to use all our energies and resources as a law firm committed to Indigenous empowerment to help bring about the necessary statutory, policy and common law changes that First Nations people would like to see as their preferred alternatives to the Voice.

To evaluate the impact of the First Nations Procurement List and Procurement Questionnaire on procurement by employees at Arnold Bloch Leibler and consider other ways to encourage an increase in the percentage of spending by the firm on First Nations businesses, including continuing to explore opportunities for large-scale procurement.

To create a working group that, with the key guidance of, and working together with, the Human Resources team, reviews and develops recommendations to the Partners that are aimed at facilitating investigates First Nations recruitment and retention, which may for example focus on: –

which types of events are most successful at attracting First Nations law students and others (together with the Human Resources team); and

–

the potential for a First Nations paralegal cadetship.

To explore options for, and the feasibility of, a sponsorship arrangement between Arnold Bloch Leibler and a First Nations law student association.

To continue developing options to distribute the AISN newsletter externally to clients, advisers and friends of the firm to circulate with their teams.

To install permanent plaques with First Nations place names for the Melbourne and Sydney office reception areas.

To continue to develop and expand cultural awareness training, including by implementing First Nations cultural awareness training for all Partners of Arnold Bloch Leibler.

To explore ways to increase engagement in AISN events and initiatives, particularly by law graduates, first year lawyers and Sydney colleagues.

Tracking and reporting our progress 25

Tracking and reporting our progress To ensure we meet ongoing goals and targets, review them and keep them aligned with Arnold Bloch Leibler’s continuing commitment to Indigenous causes, the AISN will monitor and report as follows: o

Utilising the impact model described below, the AISN will produce an annual progress report, which will take the form of an impact measurement report, adopting the ‘theory of change’ model.

The AISN will continue to make membership of the AISN available to all members of the firm.

The AISN will provide updates to the monthly partners’ meeting on the implementation of this Statement of Commitment.

Impact model In line with our new direction, the AISN has developed an impact model to guide decision making and reporting. The model is designed to assist the firm and AISN to: o

Identify the rationale/objective of an activity so we can analyse the cause and effect relationship between activities and their longer-term impact.

Identify where resources are best utilised.

Encourage staff members to appreciate AISN projects within the wider organisational context.

Guide planning, design and execution of activities.

What is our desired impact? The members of the AISN are passionate advocates for Indigenous empowerment and self-determination generally and for Constitutional Recognition specifically. We aim to assist partners and staff to build on their own passion for these and other related causes. We aim to help in building and maintaining relationships and networks with Indigenous peoples, communities and causes, clients and friends of the firm. To achieve our aims and desired impacts, we will continue to: o

Encourage, promote and celebrate the involvement of partners and staff in AISN activities, through continuing education and internal firm activities.

Ask for feedback from within and outside of the firm, to improve on our aims and maximise our impact for the benefit of Indigenous Australians.

Commit to supporting Indigenous businesses through increased procurement.

Pursue our role as advocates for positive and productive law reform.

Work towards improved accessibility to Arnold Bloch Leibler, and to the legal profession generally, for Indigenous Australians in their struggles for justice and in meeting their legal needs.

How will we endeavour to measure this impact? The success of our actions in realising our aims and desired impacts will be considered through various forms of measurement, including the nature and extent of: o

Feedback from and sentiments expressed by partners and staff through internal surveys relating to activities run by the AISN.

Feedback from and sentiments expressed by people outside of the firm relating to activities run by the AISN.

Partner and staff involvement in internal AISN and related activities.

Partner and staff involvement in external AISN and related activities.

Indigenous client work carried out as part of the firm’s public interest law contributions.

Feedback from and sentiments expressed by Indigenous clients and friends of the firm in relation to those contributions.

Partner and staff involvement in external panels associated with Indigenous justice, Constitutional Recognition and self-determination.

Indigenous law reform, particularly Constitutional reform, and Indigenous legal justice outcomes.

Employment of Indigenous people in legal and non-legal positions within the firm.

These considerations and forms of measurement will be developed by the AISN to ensure that the activities undertaken are aligned to our desired impact, and to ensure that the forms of measurement are effective. Using the model below, the AISN commits to producing an Annual Progress Report covering the main objectives and proposed actions contained in this Statement of Commitment, the outcomes achieved and what the AISN considers to be the overall impact of these actions.

OUTCOMES

ACTIONS

What changes have occurred as a result of these actions (both short & long term).

The kinds of actions the AISN has taken.

INPUTS The resources that have gone into the activities the AISN supports.

OUTPUTS The number of actions the AISN has taken.

IMPACT What positive impacts have these changes had.

Clients and causes The following provides a snapshot of the work undertaken by Arnold Bloch Leibler in solidarity with Aboriginal and Torres Strait Islander clients and colleagues – some of whom we have assisted for decades, and others with whom the relationship is relatively new. 29

Uluru Statement from the Heart Arnold Bloch Leibler is committed to working alongside Aboriginal and Torres Strait Islander Australians towards the establishment of a constitutionally enshrined advisory voice for Indigenous Australians to the federal parliament - the model of constitutional recognition presented in the Uluru Statement from the Heart. Senior Partner Mark Leibler AC has played a national leadership role in the pursuit of appropriate recognition of Australia’s First Peoples for more than a decade, having served as the co-chair of both the Expert Panel on Constitutional Recognition of Aboriginal and Torres Strait Islander peoples and Referendum Council. Mark and the firm will remain actively involved in advocating for this model of recognition, formally agreed by Aboriginal and Torres Strait Islander Australians, following the most comprehensive consultation process undertaken with Indigenous people in the nation’s history. “My experience with Arnold Bloch Leibler has principally been in two areas: as Chairperson of the Lowitja Institute, Australia’s national institute for Aboriginal and Torres Strait Islander health research, and as co-chair of the Referendum Council. The Council guided the consultations around the country to discuss constitutional recognition with Aboriginal and Torres Strait Islander people. “ABL’s senior partner Mark Leibler co-chaired the Referendum Council in 2015-17. This work involved a high level of commitment, particularly in terms of his time and expertise, and in his personal dedication to the continuing struggles of Australia’s First Peoples. Part of that commitment is Mark’s attentiveness to the voices of Aboriginal and Torres Strait Islander peoples.” Pat Anderson AO, Chairperson, Lowitja Institute “Indigenous Australians have no better friends and advocates for their causes than Mark Leibler and the firm he leads, Arnold Bloch Leibler. “Mark’s personal contribution runs over a quarter of a century and includes supporting the pursuit of native title, co-chairing Reconciliation Australia, co-chairing the Expert Panel on Constitutional Recognition, and also the Referendum Council. I admire him enormously and am personally grateful for his many contributions. Mark supercharges the contributions of all those with whom he works.” The Hon. Fred Chaney AO

Namatjira Legacy Trust Thirty four years after the Northern Territory Government sold the copyright into the lifetime works of Albert Namatjira, Australia’s most iconic Aboriginal artist, to a commercial gallery, the copyright was returned to Arnold Bloch Leibler's clients, the Namatjira Legacy Trust, which is managed by the artist's descendants alongside independent trustees. Having heard about the establishment of the Trust and the publicity it generated for the historic injustice, Arnold Bloch Leibler competition partner and IP specialist Zaven Mardirossian contacted one of the trustees, Colin Golvan AM QC, and offered to take on the matter pro bono. As senior partner Mark Leibler said at the time, the significance of the matter, and how it reflected the broader injustice and disrespect Aboriginal and Torres Strait Islander Australians faced in the past, and still face, screamed out for our attention. Zaven, together with public interest and native title partner Peter Seidel and lawyer Gabriel Sakkal worked alongside Mark Leibler to achieve this historic outcome, which attracted media attention around the world. Having secured the return of the copyright, Arnold Bloch Leibler proceeded to negotiate a landmark settlement with the Northern Territory Government. The settlement was deeply significant to Namatjira's descendants, not just in terms of the dollar amount, but in terms of having put to rest a very painful aspect of the family’s history. "We are deeply grateful to Mark, Zaven, Gab and Peter for the outstanding work in getting a problem solved which had festered for decades. Their dedication and commitment to assisting the Namatjira Legacy Trust was exemplary and the result they achieved serves as a benchmark of national significance for overcoming years of prejudice and disadvantage faced by Aboriginal artists, not least one of the great leaders of the Aboriginal arts movement in Albert Namatjira. "ABL has shown great leadership in the field of pro bono work on behalf of Aboriginal clients and the result in the present matter shows the value and importance of the firm’s work in this area." Colin Golvan AM QC Independent Director, Namatjira Legacy Trust

Yorta Yorta Nation Aboriginal Corporation Arnold Bloch Leibler has a strong and long-standing relationship with the Yorta Yorta Nation Aboriginal Corporation (YYNAC). From 1993, and continuing to the present, public interest and native title partner Peter Seidel has represented the Yorta Yorta peoples in their landmark native title claim, High Court appeal and associated legal transactions. The Corporation is comprised of peoples with bloodlines to the Original Ancestors of the Land of the Yorta Yorta Nation. These bloodlines link Yorta Yorta peoples - past, present and future - to one another, with traditional laws, customs, beliefs and sovereignty intact. It was established to represent the members of the Family Groups who are descendants of the Original Ancestors of the Yorta Yorta Peoples, to make decisions and act on any matters of significance to the Yorta Yorta Peoples, and to enter into agreements with any person, government agency or authority in relation to the protection of Yorta Yorta Country. Arnold Bloch Leibler has advised YYNAC in relation to its status as a representative body and the firm remains steadfast in our commitment to support the Yorta Yorta peoples, and communities like them, to realise their rightful aspiration for self-determination. “The relationship Yorta Yorta Nation has with ABL and Peter Seidel, in particular, is fundamental for the progression of our rights and future aspirations of being a self-determining Sovereign First Nation. Our struggle for justice continues with the support of ABL.” Monica Morgan Chief Executive Officer, Yorta Yorta Nation Aboriginal Corporation

First Nations Foundation First Nations Foundation (FNF) is a not-for-profit Indigenous organisation that works to break down the barriers to economic access and participation for First Nations peoples. The vision is simple yet powerful - assisting Indigenous people to participate equally in the economy will lead to improved economic outcomes for Indigenous Australians, which in turn will bolster Indigenous health and education with greater social and political inclusion. FNF designs and runs educational and outreach programs that help Indigenous Australians better understand key financial services, such as superannuation. As part of its “Big Super Day Out” program, representatives from leading superannuation funds travel to Indigenous communities across the country to provide information about, and assistance in relation to, superannuation. Arnold Bloch Leibler has supported FNF and its founders for nearly two decades, supporting it across all of its legal work, including negotiating and drafting funding agreements and software licensing agreements, as well as preparing sponsorship agreements. “ABL understands that Aboriginal people are not defined by disadvantage but, rather, are a people of unrealised possibility that our nation needs more than ever, as we face the great social, economic and environmental challenges of our age. The continuance of the FNF/ ABL relationship is paramount to our success in elevating Aboriginal economic well-being.” Ian Hamm Chair, First Nations Foundation

Wantok Musik Foundation Based in Victoria, Wantok Musik is a not-for-profit music label that fosters cultural exchanges between Australia and our Melanesian neighbours through music. The label represents Aboriginal and Melanesian artists, working to promote their profile both locally and internationally. Current artists represented by Wantok Musik include Indigenous songwriter Frank Yamma and young Groote Eylandt singer Emily Wurramurra, who released her debut EP “Black Smoke” in 2016, singing in both Anindilyakwa and English. Wantok Musik aims to empower musicians to sing in their own language, and to share those languages with Australians of all backgrounds. In the words of Wantok Musik founder and producer, David Bridie, “it is the Foundation’s role as conduit to promote and share this music and stem the tide of language being lost.” Public interest partner Peter Seidel is a founding member of Wantok Musik and continues to serve on the Foundation’s board. Arnold Bloch Leibler provides the Foundation with advice on artists’ agreements which allow the artists to retain 100% creative ownership – an arrangement that is unique within the industry. The firm also provides ongoing governance advice. “Arnold Bloch Leibler’s Peter Seidel has been Wantok’s legal advisor from day one and has facilitated a collaborative arrangement between ABL and Wantok which I would like to think has added great value to both organisations. Peter and everyone at ABL have a strong social justice perspective and a keen understanding of many of the important nuances required to work with First Nations people, whether it be related to intellectual and cultural property, copyright law, traditional ownership of certain songs and dances, as well as the important common sense approach of using non legal jargon so that our clients can understand what it is they are entering into and feel entirely comfortable in that knowledge.” David Bridie Founder, Wantok Musik Foundation

Ramahyuck District Aboriginal Corporation Ramahyuck District Aboriginal Corporation is a community controlled, member-based health and wellbeing organisation committed to delivering high-quality services that align with the aspirations of Aboriginal families living on the lands of the Gunaikurnai people. The organisation aims to provide culturally appropriate, comprehensive primary health care and best practice medical and family services to residents within the Wellington and Latrobe Shires of the Gippsland Region in Victoria. In early 2018, the Corporation approached Arnold Bloch Leibler to assist with a review of its use of external service providers, and we have since provided advice on matters, including workplace advisory issues, service tenders and a funding prospectus. Arnold Bloch Leibler has also assisted with the establishment of a new subsidiary company and the liquidation a business. The Corporation is currently developing a number of projects to provide sustainable income streams to support health and wellbeing services to the Aboriginal communities it serves, including a 4MW Solar Farm, a venue hire centre and an Aboriginal art gallery. "It is not just legal advice that ABL provides. It is the way this advice is provided in such a friendly manner and where consideration is always given by ABL staff on what cultural implications may arise from the advice or services provided." David Morgan Former Chief Executive, Ramahyuck District Aboriginal Corporation

First Australians Capital First Australians Capital’s (FAC) vision is to change the course of economic prosperity for the First Australians by supporting Indigenous entrepreneurs, enterprises and communities to create and drive their own prosperity and pursue self-determination through economic empowerment. FAC describes its approach as investing in Indigenous economic independence by linking 60,000 plus years of Indigenous business experience with the modern marketplace. Conceived by Jocelyn Grant and Leah Armstrong, initially as a pilot project with the support of Social Ventures Australia, Indigenous Business Australia and Reconciliation Australia, FAC’s model combines concessional capital with capability and business support. Arnold Bloch Leibler was initially engaged to advise FAC on incorporation, charity registration and endorsement as a Deductible Gift Recipient. Since its successful endorsement as a Public Benevolent Institution, Arnold Bloch Leibler has advised FAC in relation to a wide range of legal and commercial matters including shareholders’ agreements, and privacy, data protection and credit reporting matters. Arnold Bloch Leibler also works with FAC to find ways to provide ongoing support to related not-for-profit and for-profit Indigenous enterprises which FAC assists to establish and mentor. “FAC’s relationship with ABL began when our founding directors had an idea to build a not-for-profit Indigenous led investment fund to provide capital to Indigenous enterprises. It was a big vision to share but Peter, Caitlin and the broader ABL team saw what we wanted to do straight away and jumped on board. From assisting with the big stuff, such as incorporation and securing PBI status, to answering mundane contract questions, they have been unflappable supporters. The FAC community is all about relationships and Peter and Caitlin are part of our family.” Jocelyn King Executive Director - Business Development, First Australians Capital

Anindilyakwa Land Council The Anindilyakwa Land Council (ALC) is responsible for activities including land management, sacred site protection and negotiations with resource companies on behalf of 14 clans of the Groote Archipelago. It describes itself as a “future-forward” land council, geared to enabling the Anindilyakwa people to take full advantage of the opportunities and technology available in the 21st Century, while simultaneously preserving land, language and culture. The history of the organisation stems back to the passing of the Aboriginal Land Rights (NT) Act in 1976. The Anindilyakwa people became one of the first Australian Aboriginal traditional owner groups, recognised by Australian law as having inalienable freehold title over the islands within the Groote Archipelago. As a result of the Act, the Northern Land Council, later the Anindilyakwa Land Council, became the statutory corporate bodies responsible for activities within the Groote Archipelago, in the interests of the 14 owner clans. Arnold Bloch Leibler advises the ALC in relation to its functions and obligations under the NT land rights legislation. In 2018, Arnold Bloch Leibler assisted the ALC in negotiating a joint venture with a new mining proponent for the benefit of the Traditional Owners. The arrangement has resulted in the creation of a manganese exploration joint venture, held by a majority Traditional Owner owned corporation – a historic outcome. A significant ongoing project we are undertaking together is to build new economic and social structures, designed to future proof the community on Groote Eylandt after mining ceases. “ABL’s commitment to fighting Indigenous disadvantage had a direct influence on my accepting a job with the ALC. More broadly, my time at ABL exposed me to practitioners who were committed to finding practical and innovative solutions to complex problems and were not afraid of risk. That approach to problem solving is fundamental to what is happening on Groote, where the issues facing the community are immense and seemingly entrenched.” Conor O’Bryan Former ALC Head of Legal and Operations and former Arnold Bloch Leibler lawyer and member of the AISN

Birrarangga Film Festival With Film Victoria and Creative Victoria as its major sponsors, and in partnership with the Australian Centre for the Moving Image, Typecast Entertainment produced the inaugural biannual Birrarangga Film Festival 2019. The Festival is a celebration of Indigenous filmmakers from across the globe, showcasing their unique stories in both long and short form and VR. In previous festivals more than 80 inspiring and heartbreaking feature length and short films were screened, showcasing filmmakers from Australia, Canada, USA, New Zealand, Mexico, Russia, Greenland and Peru. The Festival is also a celebration of tomorrow’s Australian Indigenous filmmakers, providing them with opportunities to pitch to and connect with some of the most respected and established film industry leaders in Australia. Birrarangga was introduced to the firm by longstanding Arnold Bloch Leibler clients and friends Ron Merkel and Beth Charles. In recent times, the firm has helped Birrarangga to secure tax concessions, as the next critical step for its growth, and we will continue to support all aspects of the Festival, as its honorary lawyers. “ABL’s historical and ongoing commitment and unwavering support of Aboriginal communities encourages a strong sense of empowerment and a confidence towards the sharing of the stories on screen for audiences to enjoy, learn and reflect.” Damienne Pradier and Tony Briggs Founders and Directors, Birrarangga Film Festival

SharingStories Foundation The SharingStories Foundation (SSF) is a not-for-profit organisation led by a passionate board with majority Indigenous representation. SSF works with Indigenous communities to protect, maintain and grow language, stories and cultural heritage through digital media and vibrant art forms. Over the past five years, SSF has worked with 13 First Nations partner communities to transfer digital media skills and facilitate intergenerational cultural transmission on country, through e-books, animations, short films, artworks and songs. The relationship with Arnold Bloch Leibler began in 2015 when SSF was a relatively new organisation. A year later, Arnold Bloch Leibler hosted an event in Melbourne to give SSF an opportunity to showcase its work to high profile philanthropists. Arnold Bloch Leibler continues to provide SSF with advice in relation to corporate governance and general commercial matters. The firm has also assisted with a review of the foundation’s governing documents, provided training to the board and advised on a range of intellectual property agreements. “SSF hopes that we will continue to enjoy this tremendous support as it significantly enhances our capacity to work towards our vision, which is shared by ABL, of strong, connected Indigenous young people and communities working together with all Australians to care for culture and Country.” Liz Thompson Executive Officer, SharingStories Foundation

Woor-Dungin As a coalition of Aboriginal community-controlled organisations, philanthropists and pro bono service providers, working in partnership to enable Aboriginal organisations to access the resources and support to achieve self-determination, Woor-Dungin's vision is for Aboriginal and Torres Strait Islander people and their rich culture to be acknowledged, valued and embraced by Australian society. Woor-Dungin offers Aboriginal partner organisations help on their own terms to establish strong, evidence-based programs, source philanthropic funds and pro bono support, and strengthen their governance and management skills. Informed by its relationships with a broad range of Aboriginal and non-Aboriginal stakeholders, the organisation works to tackle structural issues on a systemic level to reduce disadvantage. Arnold Bloch Leibler has been involved with Woor-Dungin for nearly 15 years. In 2005, the firm provided a venue for 22 Aboriginal staff/board members from Aboriginal organisations across Victoria to undertake the Indigenous Capacity Building Program over 12 sessions. The program resulted in the formation of Woor-Dungin and Arnold Bloch Leibler has assisted in all aspects of the organisation’s work since that time, including developing employment contracts and policies, as well as helping it to achieve ACNC registration as a public benevolent institution. We also provide ongoing advice on complying with the ACNC governance standards. “The length of time ABL has worked with community, the trust and strong networks it has developed and the high regard and reputation it has, is testament to their authenticity. “Everyone at ABL, including reception and catering staff, has always provided the highest level of professional advice and support, which is always delivered in a friendly and non-judgemental way. “A barrier to Aboriginal self-determination is that the agencies and people with the power don’t support advocacy - people and organisations who speak up, risk losing funding, being sued. Whistle-blowers are often seen as troublemakers. When the whistle-blower is an Aboriginal person or organisation, most law firms run a mile! ABL shines a light on this power imbalance. “The assistance ABL provides is powerful. It gives people and organisations the strength and support to stand up and speak up by walking beside us, knowing that ABL has our back! In other words, solidarity!” Christa Momot Inaugural Executive Officer, Woor-Dungin

Black Duck Foods Black Duck Foods aims to re-develop traditional food growing and country management in Australia by increasing awareness of Indigenous cultivation techniques and identifying what methods can be applied today. A critical issue for the organisation is ensuring that traditional Indigenous growing techniques are utilised and employed for the economic benefit of Indigenous people. Arnold Bloch Leibler was introduced to Black Duck Foods through another client, First Nations Foundation, and has been advising the organisation on company structuring, governance and charity registration. “Black Duck Foods and ABL have a friendship. We respect and trust each other. We have reciprocity and share our stories. This lets us argue and challenge each other. We can do this because we both share a love of Country, Culture and People.” Chris Andrew General Manager, Black Duck Foods

Opening the Doors Foundation The Opening the Doors Foundation addresses the severe educational disadvantage experienced by many Aboriginal and Torres Strait Islander families by providing the assistance they need to choose and maintain a positive educational environment for their children. For almost two decades, the Aboriginal-led organisation has supported Victorian Aboriginal students to reach their potential by covering the extra costs associated with schooling, such as uniforms, books and school camps. The Foundation’s partnership with Arnold Bloch Leibler has stood strong since 2005. Over the years, we have advised it on structure, legal incorporation, bequests, property sales and securing funding. “The dedicated support and experience of Arnold Bloch Leibler has allowed us to focus on supporting Aboriginal education in a meaningful way. The firm’s ongoing assistance will ensure we can continue to support and nurture future generations of Aboriginal leaders.” Vicki Clark OAM Founder and Chairperson, Opening the Doors Foundation

NORTH Home Textiles NORTH Home Textiles (NORTH) is a not-for-profit Aboriginal organisation that facilitates the economic agency of remote Aboriginal artists and art centres by collaborating to develop textile designs that showcase Indigenous art. NORTH was imagined in 2015 by Northern Territory resident and interior architect Crystal Thomas in collaboration with three remote Aboriginal Art Centres. A company limited by guarantee was created, overseen by a board of Aboriginal committee members. When the company started to explore alternate structures to formally legalise the organisation’s social values and decided to become a not-for-profit organisation, Arnold Bloch Leibler public interest partner Peter Seidel was approached, and agreed to assist with the transition including: o

Establishing and structuring the organisation

Drafting the organisation's constitution, and

Addressing a range of legal issues, including dispute resolution.

Arnold Bloch Leibler continues to advise NORTH on governance issues and was successful in obtaining the organisation’s registration on the Register of Cultural Organisations. “High level and professional support on a structural level has been integral to creating a solid backbone for NORTH as an organisation. Supports such as those provided by ABL are vital for our future as a thriving not-for-profit. “We recognise the benefit that has flowed already from the synergy between NORTH’s ethos, vision and approach to working with Aboriginal artists, and ABL’s commitment to working with, and alongside Indigenous people, communities and causes.” Crystal Thomas Founder and Director, NORTH

Nairm Marr Djambana Inc Since its establishment in 2016, Nairm Marr Djambana has taken significant steps to realise the dreams of Elders by working with the local Aboriginal and Torres Strait Islander community to understand its needs and aspirations. With self-determination at the heart of what the organisation does, Nairm Marr Djambana delivers services, programs and activities to the Aboriginal community in Frankston and surrounds. Through its community-led approach, this small organisation has already succeeded in having a commercial kitchen installed from where it has been running a catering business and, most recently, establishing a clinical consultation room. Arnold Bloch Leibler has provided pro bono advice to Nairm Marr Djambana, including helping the organisation to become a registered charity and obtain deductible gift recipient status, as well as advising the Board on governance issues. “It is important to our organisation to align with partners and stakeholders who align with our values. When seeking the assistance of a law firm, we felt Arnold Bloch Leibler were the best fit, particularly with their past proven history of working with other Indigenous organisations and groups.” Deborah Mellett Chairperson, Nairm Marr Djambana

Yamatji Marlpa Aboriginal Corporation Yamatji Marlpa Aboriginal Corporation (YMAC) is the native title representative body for Western Australia’s Pilbara, Mid-West and Gascoyne regions. As a not-for-profit organisation run by an Aboriginal Board of Directors, it provides services including claim representation, heritage protection services, executive office, community and economic development and natural resource management. YMAC has a representative area equivalent to approximately one third of WA and has worked with Traditional Owner groups - all with their own language, culture and traditions – over the last 25 years to achieve over 30 native title determinations. For more than 20 of those years, Arnold Bloch Leibler has been a proud partner of YMAC, providing strategic advice in relation to complex government reviews. “Arnold Bloch Leibler has generously and consistently given legal and strategic advice, becoming integral to our success on a pro bono basis. The firm is a genuine leader, mentoring YMAC staff and assisting us to complete many critical tasks and its assistance has had a fundamental impact on outcomes for Traditional Owners.” Simon Hawkins Chief Executive Officer, Yamatji Marlpa Aboriginal Corporation