John Waters SC

Practice Areas

John is an Australian barrister, Senior Counsel, whose practice is predominantly focused on addressing questions concerning indigenous interests in land: ascertainment, recognition and management of native title, cultural heritage and compensation, and the navigating of processes associated with the protection of these and similar interests.

John’s practice is not confined to any particular region or State or a particular category of clientele. His work predominantly involves Commonwealth statutes and allied State and territory legislation, in particular mining laws, land rights provisions, heritage protection processes and real property legislation.

Career

John practiced continuously as a solicitor in private practice, with emphasis on commercial litigation and property between 1981 and 30 June 1993. Immediately following admission to the Bar John spent two and a half years in the United States advancing his commercial credentials by completing an MBA majoring in finance. John joined Sixth Floor Windeyer Chambers in 1996 and has been part of a small and harmonious chambers continuously since then.

Whilst continuing to work as a commercial and property lawyer, early in his time at the Bar John began to practice in the then fledgling field of native title, initially benefitting greatly from a wide-ranging brief for the State of New South Wales in the Yorta Yorta proceedings; one of the first cases under the Native Title Act 1993 (Cth) which, when considered by the High Court, became a landmark decision.

The focus in John’s practice has remained on issues related to Aboriginal connection to land including giving advice and appearing in proceedings relating to indigenous rights, culture, heritage, community organisation, property, compensation and intra-mural organisation and governance.

Personal

M.B.A. (Finance) (Pace University, New York, U.S.A.), 1995

Admitted: Solicitor of the Supreme Court of New South Wales. 1981-1993

Admitted: Barrister and Solicitor of the High Court of Australia. 1982

Admitted: Barrister of the Supreme Court of New South Wales. 1993

Appointed Senior Counsel 2021