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Anne has been at the Bar for 9 years, practicing as a barrister in Western Australia from 1998, before returning to practise in Victoria in 2001.
Anne's experience as a solicitor for 15 years was broad and included duty solicitor in Magistrates and Children’s Courts, administrative law, civil litigation, consumer credit, workcover, personal injuries, and coronial inquests. After completing her articles at Ryan Carlisle Thomas in 1982 she continued with them as a solicitor until 1987. From 1987 until 1994 Anne practised in Ballarat, becoming a partner in 1988 with Ludbrook Harper & Sheehan. In 1994 Anne moved to Perth taking up employment as a senior litigator with the Aboriginal Legal Service WA (Inc) where she remained until 1998 before joining the independent Bar.
Anne’s practice at the Bar includes trial advocacy in the Federal Court, County Court, Magistrates Court, VCAT, Coroners Court and independent inquires, and acting as counsel assisting in disciplinary proceedings, and in workcover and personal injury proceedings in both the Magistrates and County Courts. She has appellate experience in the Federal Court, Full Federal Court, Supreme Court of WA, Court of Appeal WA, and in special leave and uplift applications to the High Court. Anne has been involved in ADR in many forums and provides opinions in many areas including native title and cultural heritage.
Significant matters in which she has appeared include:
The Miriuwung Gajerrong Litigation
The Miriuwung Gajerrong Native Title claim was the first Native Title claim to come to trial in WA and was vigorously defended by the WA and the Northern Territory Governments and other parties. It was highly contested litigation and appeals (including with respect to interlocutory orders) occurred between 1995 and 2000. The trial took 83 days of evidence primarily on country in the East Kimberley. Anne was junior to M L Barker QC (now Barker J of the WA Supreme Court) and was primarily responsible for the factual evidence with respect to extinguishment and the gender-restricted evidence. See:
State of Western Australia v Ben Ward & Ors [1997] 585 FCA (8 July 1997) 145 ALR 512, Full Federal Court re gender restricted evidence.
Ben Ward & Ors v State of Western Australia & Ors [1998] FCA 1478 (24 November 1998) 159 ALR 483, trial judgment.
Ward v State of Western Australia [1999] FCA 580 (6 May 1999) (2000) 99 FCR 316. Full Federal Court judgment.
WA Court of Appeal
Underwood & Ors v Gayfer & Anor [1999] WASCA 56 (15 June 1999).
Anne was junior to L Roberts-Smith QC (now Roberts-Smith JA of the Court of Appeal (WA)) on the appeal after acting as counsel at the trial in the Broome Court of Petty Sessions. The criminal prosecution was met with a claimed native title right to fish.
Administrative Law
EO v Mental Health Review Board [2000] WASC 203 (25 May 2000). Following this decision of Templeman J the practices of the Mental Health Review Board and the hospitals providing services to the mentally ill changed significantly.
SBAS v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 528 (30 May 2003). Following this landmark decision of the late Cooper J, all Sabian Mandaean Iranians were released from detention and granted temporary protection visas.
VKAX v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1432 (4 November 2004)
Styles v Murray Meats Pty Ltd (Anti-Discrimination) [2005] VCAT 914 (12 May 2005)
Anne's interest in Alternative Dispute Resolution prompted her to undertake the LEADR mediation course in 1995, and an Arbitration course (Adelaide University) in 2001.
Papers and Workshops:
"Indigenous Land Use Agreements: The Pathway for Negotiating the Future" (1998) 17 AMPLJ 300 Sheehan and Mascher
"The Duty to Negotiate in Good Faith" (1996) 3 Aboriginal Law Bulletin 4 Bartlett and Sheehan.
Papua New Guinea National Legal Convention September 2002: "Gender & Cultural Issues in the Justice System". Gender Justice Workshop.
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