Julian Bodenmann

Julian is frequently called upon to provide strategic advice to Councils and State government instrumentalities (often on an urgent basis) under a range of different legislative frameworks, including the Local Government Act 2009, Crime and Corruption Act 2001, Native Title Act 1993 (Cth), Aboriginal and Torres Strait Islander Cultural Heritage Acts 2003, Planning Act 2016, Land Act 1994, Acquisition of Land Act 1967 and Environmental Protection Act 1994.

He has experience assisting local governments and State government instrumentalities with both front-end and back-end contracting and procurement matters, including leasing and small, medium and large-scale contracts for goods and services, Native Title and Cultural Heritage matters, as well as in commercial litigation and mining and petroleum law, typically for government clients but also for corporate entities.

Examples of Julian’s experience include:

• Delivery of strategic advice, often on an urgent basis, under the Local Government Act 2009 and other legislation, including in relation to:
  • contracting and procurement activities;
  • rates and charges, including reviews of budget materials;
  • liability and risk issues;
  • competition law, including in relation to Council business activities;
  • Right to Information and privacy matters;
  • councillor conduct issues, meeting process and procedures and matters relating to the Office of the Independent Assessor.
• Providing advice to local governments and other entities including landholders, infrastructure operators and resource tenement holders on the application of Native Title and Cultural Heritage to projects, including:
  • negotiating Indigenous Land Use Agreements (ILUAs);
  • implementing existing ILUAs;
  • applying the alternative validation procedures in the Native Title Act 1993;
  • negotiating Cultural Heritage Agreements;
  • representing local governments in disputed Federal Court proceedings relating to Native Title matters;
  • strategic risk management advice.
• Providing strategic advice to multiple local governments across Queensland under the Crime and Corruption Act 2001, including in relation to investigating allegations of corrupt conduct, implementing recommendations arising following investigations, reporting obligations, liaising with the Crime and Corruption Commission about matters including investigations, and applying relevant Crime and Corruption Commission requirements and guidelines.
• Providing detailed, step-by-step advice about complex resumption projects for significant community public works under the Acquisition of Land Act 1967, including as part of compulsory and agreed processes.
• Preparing tender and other associated procurement documentation, and acting as probity advisor, for a large-scale contract for goods and services.
• Attending Council meetings and delivering training to councillors and local government employees at all levels, including in relation to specific matters, general legal issues and to assist local governments with internal capacity-building.
• Assisting local governments in matters related to the resources industry, including:
  • negotiating compensation agreements for land uses under the Mineral Resources Act 1989;
  • negotiating road use agreements for notifiable road uses under the Mineral and Energy Resources (Common Provisions) Act 2014;
  • engaging with experts across a range of disciplines to develop a compensation framework for key Council infrastructure;
  • rates and charges;
  • representing Councils in contentious Land Court proceedings.
• Providing urgent advice on very sensitive compliance and enforcement matters under various frameworks (for example, local laws, the Planning Act 2016, the Environmental Protection Act 1994, the Animal Management (Cats and Dogs) Act 2008 and the Food Act 2006), including preparation of compliance and enforcement processes, powers of entry and representing local governments in court proceedings.
• Preparing and negotiating leases, easements, covenants, management agreements, licence agreements and tenure resolution programs for various different land tenures and asset types.
• Preparing local laws.