Blog | terri-janke

Apr 16, 2019
3 min

Why Cultural Institutions need an ICIP Protocol

Cultural institutions, such as museums, galleries, libraries and archives, are tasked with representing the contemporary cultural landscape and the history of the nation. This often involves the collecting, archiving and showcasing of Indigenous cultural materials and objects, or Indigenous Cultural and Intellectual Property (ICIP). This cultural heritage is the means through which the vast history of the First Australians is depicted and understood. A large amount of Indigen

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By Rachel Durmush and Terri Janke

Mar 21, 2019
1 min

National Close the Gap Day?

National Close the Gap Day? We recognise today as National Close the Gap Day and shout out to all that there is important work to be done. According to the 2019 Closing the Gap Report[1] Australia is not meeting its targets around closing the gap between Aboriginal and Torres Strait Islander people and non-Indigenous Australians.[2] The Report highlighted that the targets for closing the gap in school attendance and life expectancy have not been met. Child mortality, reading

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Who owns Indigenous languages? Indigenous Language Materials and Copyright

By Terri Janke and Adam Broughton

Feb 27, 2019
3 min

Who owns Indigenous languages? Indigenous Language Materials and Copyright

2019 is the United Nations International Year of Indigenous Languages. [1] This puts the spotlight on the work of the Indigenous language and cultural centres. This celebration provides a platform to showcase the different ways to revitalise Indigenous languages around the world. Many projects involve the recording of Indigenous languages, and for this reason, it is important to consider how copyright laws apply to the development of languages. Whilst copyright doesn’t protec

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The importance of having a Subcontractor Agreement

By Tamina Pitt, Terri Janke and Charisma Cubillo

Feb 18, 2019
2 min

The importance of having a Subcontractor Agreement

Businesses can benefit from organising part of the work they have been hired for to be completed by an independent contractor. This is called “subcontracting”. Subcontracting is a common way of collaborating with other businesses. The model allows businesses to increase capacity by combining resources, knowledge and talent. Rather than entering a more permanent employment arrangement, the subcontractor is engaged temporarily as a consultant. Benefits of subcontracting Many In

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ACCC v Birubi: Federal Court rules against misleading conduct over fake Aboriginal Art

By Rachel Durmush and Terri Janke

Feb 1, 2019
4 min

ACCC v Birubi: Federal Court rules against misleading conduct over fake Aboriginal Art

Introduction Fake Aboriginal Art has been the bane of the Indigenous Arts Industry. Rip-offs take opportunity and money away from Indigenous artists. However, even worse, stylised faux objects demean the cultural heritage of Indigenous Australians. In October 2018, the Federal Court delivered an important judgement against souvenir manufacturer, Birubi Art Pty Ltd[1] finding that they had mislead consumers under Australian Consumer Law (ACL) .[2] This case has ramifications

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New Indigenous control rules for Indigenous Joint Venture Companies

By Terri Janke and Adam Broughton

Jan 7, 2019
3 min

New Indigenous control rules for Indigenous Joint Venture Companies

Introduction Joint ventures (JVs) are a common feature in the Indigenous business sector. A joint venture refers to a collaboration between two businesses for strategic or commercial purposes. 100% owned Indigenous businesses looking to bid for contracts under the Commonwealth Government’s Indigenous Procurement Policy (IPP) may lack capacity to carry out large projects. Many are forming JV companies with larger non-Indigenous businesses, in order to reach scale, build skills

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Indigenous people and the Importance of making a Will

By Terri Janke and Adam Broughton

Aug 3, 2018
3 min

Indigenous people and the Importance of making a Will

Wills are all about planning and handing on prosperity to the next generation. Although the thought of death can be frightening, it is important that individuals, especially business owners, express their wishes regarding their belongings and other arrangements after their death using a will. What is a Will? A will is a legal document that clearly sets out the wishes of an individual in terms of the distribution of their belongings (this is called an ‘estate’), the guardiansh

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Bankruptcy: What is it, what are the consequences, how do I prevent it?

By Astrid Gillam, Aurora intern and Terri Janke

Jul 27, 2018
3 min

Bankruptcy: What is it, what are the consequences, how do I prevent it?

Managing a business can be hard. When the bills stack up and the money coming in slows down, steering a path through the hard times can be difficult. Not being able to pay your debts can have serious consequences. Taking your eye off tax and superannuation payments can also lead to further debt. What do you when the creditors - the people you owe money to - come knocking at your door? In situations like this, you may consider bankruptcy, but what are the consequences? Declar

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The Terri Janke and Company team

Jul 16, 2018
1 min

To Terri, From the Team : Because Of Her We Can

The NAIDOC theme this year is 'Because Of Her, We Can'. Our team put together a short message to our boss, Terri Janke. We are so proud to have a boss who is an Aboriginal and Torres Strait Islander woman & an absolute legend. "In respect of this year's NAIDOC theme, our team wanted to share with you all what it's like to work for the incredible Terri Janke: Because of her, I can wake up everyday inspired to help others. Because of her, I am challenged to do more, and do it b

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Because Of Her We Can: Indigenous Women working in Law

Terri Janke with Tamina Pitt

Jul 16, 2018
4 min

Because Of Her We Can: Indigenous Women working in Law

This week is a very exciting time for Aboriginal and Torres Strait Islander people across Australia, it’s NAIDOC Week. NAIDOC Week is a time to celebrate our culture and our community. This year the NAIDOC theme is ‘Because of her we can’. I wanted to use this time to recognise some of the amazing Indigenous women working in the law that have inspired me throughout my career as a Solicitor. The first Indigenous woman to become a magistrate was Pat O’Shane, she also was the fi

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Indigenous Knowledge is not Terra Nullius

By Terri Janke and Taryn Saunders

Jun 4, 2018
1 min

Indigenous Knowledge is not Terra Nullius

On Tuesday 29th of June, Terri presented the inaugural National Reconciliation Week Address at the University of Wollongong as part of their Reconciliation Week event. Photo: Michelle Chandler The event was hosted by UOW’s Woolyungah Indigenous Centre and office of the Pro Vice-Chancellor (Inclusion and Outreach), Professor Paul Chandler. In respect of the NRW theme ‘Don’t Keep History A Mystery’, Terri presented her paper titled ‘Indigenous Knowledge is not a Terra Nullius’.

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Does my business need a social media policy?

By Terri Janke

Apr 17, 2018
3 min

Does my business need a social media policy?

Businesses use social media to promote themselves. These days most businesses have websites, blogs, Twitter, Facebook, Instagram and LinkedIn. These platforms are used regularly, therefore, it is important that the message is meeting the standards of the law including copyright, defamation and trade practices. Copyright protects images, music, films and text on the internet. You cannot just copy the content from other people’s websites. To copy and repost text or photographs

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Beware of Bogus Boomerangs: Should we protect Traditional Cultural Expression in the public domain?

By Terri Janke with Tamina Pitt

Aug 31, 2017
3 min

Beware of Bogus Boomerangs: Should we protect Traditional Cultural Expression in the public domain?

My presentation at the WIPO Seminar in Geneva This June, I travelled to Geneva to attend the WIPO Seminar on Intellectual Property and Traditional Cultural Expressions. The seminar was held by WIPO, the World Intellectual Property Organisation and it focused on policy issues for Indigenous Intellectual Property and Traditional Cultural Expressions. I spoke in the Roundtable discussion on Key Policy Issues and I was able to present my ideas. A big problem with existing intelle

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Fake Art Harms Culture: Highlights from Terri's trip to Cairns Indigenous Art Fair

By Terri Janke

Jul 24, 2017
2 min

Fake Art Harms Culture: Highlights from Terri's trip to Cairns Indigenous Art Fair

The best thing about Cairns Indigenous Art Fair (CIAF) is that it showcases the authentic works of Aboriginal and Torres Strait Islander artists from all over Queensland including the Cape and the Torres Strait. In a tourist town, where there have been so many reported fake souvenir arts and craft items such as bamboo didgeridoos, hand painted backpacker boomerangs and copycat t-shirts, it’s good to see the crowds flocking to CIAF. This year the message that Fake Arts Harms C

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Terri Janke and Company

Mar 28, 2017
1 min

Terri Janke featured on Living Black

Terri has been featured in an episode of NITV's Living Black called 'Cultural Crusader'. The episode documents Terri's journey from growing up in Far North Queensland to being a world leading expert in Indigenous law. The episode was aired on NITV on Wednesday 15 March 2017, but don't worry if you missed it, you can click here to watch it online. Picture by Nancia Guivarra, NITV. #Terri

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Indigenous Knowledge helps heal our planet

By Terri Janke

Jan 30, 2017
2 min

Indigenous Knowledge helps heal our planet

For more than 60,000 years Indigenous Australians lived in harmony with the Australian environment. Over this time through years of intergenerational transfer of knowledge, Aboriginal and Torres Strait Islander communities have developed knowledge of our land, seas and the environment that is useful in managing our future challenges such as climate change, land erosion, species management and coastal care. Scientists are now seeing the value in the contributions Indigenous pe

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Terri Janke’s TEDxCairns Release: Creating a culture of innovation with Indigenous knowledge

By Sarah Grant

Jan 10, 2017
1 min

Terri Janke’s TEDxCairns Release: Creating a culture of innovation with Indigenous knowledge

We are excited to announce the release of Terri’s TEDxCairns talk. Terri brings her knowledge to the international TEDx platform. One aspect of Terri’s talk discusses how Indigenous cultures are steeped in thousands of years of heritage and continuing practice. Using and reproducing traditional cultural expression within new works requires consideration of Indigenous cultural protocols. The protocols created by Terri are known as the True Tracks: Respect Self-determination Co

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Key message from IBECC 2016: Indigenous businesses numbers are growing but we need to go eyes open i

By Terri Janke

Dec 15, 2016
2 min

Key message from IBECC 2016: Indigenous businesses numbers are growing but we need to go eyes open i

Earlier this month I attended the 2016 Indigenous Business, Enterprise & Corporations Conference (IBECC) in Perth Western Australia. The conference was attended by participants from all over Australia. There were many Indigenous entrepreneurs, Aboriginal corporations, government officers and corporate representatives from mining, health and consulting. Social Impact UWA / IBECC16 The Conference highlighted the growth of the Indigenous business sector, now expanding in the wak

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TJC

Nov 24, 2016
1 min

Law Way Workshop - Take 2!

Indigenous Procurement Policy: Legal challenges On Wednesday 9 November, we held our second Law Way Workshop. The Law Way workshop is a business development workshop specifically designed in response to the needs of Indigenous Entrepreneurs and Government Departments procuring their services. We covered issues relating to joint ventures, black cladding, shareholders deeds, directors duties, sub-contracting agreements and protecting intellectual property. The Workshop was held

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Terri Janke and Company

Lawyers & Consultants

Why Cultural Institutions need an ICIP Protocol

National Close the Gap Day?

Who owns Indigenous languages? Indigenous Language Materials and Copyright

The importance of having a Subcontractor Agreement

ACCC v Birubi: Federal Court rules against misleading conduct over fake Aboriginal Art

New Indigenous control rules for Indigenous Joint Venture Companies

Indigenous people and the Importance of making a Will

Bankruptcy: What is it, what are the consequences, how do I prevent it?

To Terri, From the Team : Because Of Her We Can

Because Of Her We Can: Indigenous Women working in Law

Indigenous Knowledge is not Terra Nullius

Does my business need a social media policy?

Beware of Bogus Boomerangs: Should we protect Traditional Cultural Expression in the public domain?

Fake Art Harms Culture: Highlights from Terri's trip to Cairns Indigenous Art Fair

Terri Janke featured on Living Black

Indigenous Knowledge helps heal our planet

Terri Janke’s TEDxCairns Release: Creating a culture of innovation with Indigenous knowledge

Key message from IBECC 2016: Indigenous businesses numbers are growing but we need to go eyes open i

Law Way Workshop - Take 2!

Terri's feature in The Australian