Davis, Sally

Sally is a highly experienced litigator and currently leads AGS’s specialist native title dispute resolution practice.

In this role, Sally is responsible for leading the progression and management of the Commonwealth’s involvement in native title claims and native title related matters Australia-wide. She has extensive experience providing consistent, cost effective and strategic representation of Commonwealth interests in native title claims, and routinely acts for the Commonwealth in sensitive and complex matters involving whole-of-government issues, including the High Court and in Federal Court appeals. 

She has particular experience representing the Commonwealth’s interests in native title determination applications (consent and litigated) and compensation applications. She also routinely appears for the Commonwealth in Federal Courts and tribunals and is experienced conducting hearings in remote locations. She also currently sits on several specialist native title advisory committees and has formerly acted as an advisor to the Australian Law Reform Commission on native title issues.

Outside of native title, Sally also has considerable experience acting for the Commonwealth in a wide range of civil claims and formerly co-led AGS’s Civil Claims dispute resolution practice. She is particularly experienced managing large, complex, multi-party proceedings and has been involved in a number of major proceedings involving large-scale discovery, document review and complex evidentiary issues, including in foreign jurisdictions.

Relevant experience

Sally’s relevant experience includes:

• Acting for and advising various Commonwealth agencies on a range of issues involving the potential application of the tripartite test arising out of the recent decision of the High Court in Love v Commonwealth; Thoms v Commonwealth [2020] HCA 3.
• Acting for and advising the Commonwealth and National Native Title Tribunal in Federal Court native title compensation proceedings over a vast area of country in south-western Queensland.
• Acting for and advising the Commonwealth in High Court appeals involving significant legal and policy issues about the relationship between determined native title rights and interests and access by the public to areas of coastline and beaches in remote parts of Western Australia.
• Acting for and advising various Commonwealth agencies in relation to the representation of significant Commonwealth property and policy interests in a cohort of native title determination applications filed over vast areas of sea and certain islands in the Torres Strait.

Qualifications

Master of Laws (Distinction), Australian National University, 2011

Bachelor of Laws, Australian National University, 2006

Bachelor of Arts, Australian National University, 2006