With a considerable bench spanning sites in Brisbane, Perth, Canberra, Melbourne and Sydney, the powerhouse native title practice at Ashurst remains a market leader, advising a diverse roster of clients – from traditional owners, proponents, and government bodies, to infrastructure providers and major corporates across the telecoms, energy and resources sectors. Jointly chaired by resources industry experts Tony Denholder in Brisbane, Clare Lawrence in Melbourne and Andrew Gay in Perth, the team’s broad focus encompasses indigenous land use agreements, historical transfers, and native title compensation claims. At senior associate level, the group is supported in Brisbane by cultural heritage strategic advisor Libby McKillop, a member of the Queensland Resources Council’s Indigenous Affairs Committee, and Joel Moss, a compensation claim specialist who counts some of the world’s leading resources companies among his client base. In Perth, fellow senior associate Cheyne Jansen is a key name to note for major project development.

The native title team at Clayton Utz remains a force in the practice area, working across a number of locations to advise government-owned corporations and agencies, project proponents and traditional owners, on a diverse range of native title matters; from compensation claims and major infrastructure projects to cultural heritage management agreements and residential housing developments. Headed by Brisbane-based cultural heritage expert Mark Geritz , the team’s client base spans the government, transport, not for profit, oil & gas, real estate, mining and resources, renewables and utilities sectors, and includes Australian Rail Track Corporation and Australia Pacific LNG. The team is backed in Brisbane by special counsel Tosin Aro, who advises both government and private sector clients across a broad range of industries; Stuart MacGregor, head of the firm’s energy and resources group; and in Melbourne by Damien Gardiner, who advises on native title issues in mining projects. Partner Lucy Shea, who provides guidance on project approvals, land access, compliance and transaction risk, arrived at the Perth office in May 2022 from HWL Ebsworth. Another key individual is Georgia Davis in Brisbane, who assists on major infrastructure projects and was promoted to senior associate in July 2022.

With locations in Canberra, Brisbane, Melbourne, Perth and Sydney, King & Wood Mallesons‘ sizeable, experienced bench of practitioners build strategies to assist native title parties and major private and public sector clients across the mining and resources, real estate, infrastructure, construction, telecoms and transport sectors. Led by native title negotiation authority Scott Singleton, the team’s comprehensive offering ranges from Aboriginal land and cultural heritage agreements and native title claim representation, to land access and approvals, due diligence and litigation. The group is backed by Sally Audeyev in Perth, who brings over 21 years of experience and works with local industry groups on Aboriginal heritage law reform in Western Australia, and Nick Testro in Melbourne, a specialist in native title matters involving energy, property, carbon, and charities. Further support is provided in Brisbane by senior associate Amy Carseldine, who joined from Herbert Smith Freehills in June 2021.

Allens provide comprehensive support to resources companies and government bodies on native title matters with negotiations, litigation, due diligence, policy issues, in addition to Indigenous engagement strategies for multinationals in the mining sector. The team is led by Ben Zillman in Brisbane, who brings over 25 years of experience to native title and heritage law matters. The team is supported in Perth by Eve Lynch, a specialist in environmental planning and project development land access requirements, and senior associate Darcy Doyle, who manages Traditional Owner engagement and regulatory issues. Senior associate Giselle Kilvert left the practice in June 2021.

The Melbourne-based practice of Arnold Bloch Leibler is regularly sought out by various native title holders, Aboriginal Land Councils, native title representative bodies, government bodies and not-for profits on a diverse array of matters. Peter Seidel leads the team, advising widely on native title determination applications, Indigenous Land Use Agreements (ILUAs), and development negotiations, as well as guidance on disputes involving non-Indigenous third parties. Special counsel Bridgid Cowling provides expertise on the commercial and taxation aspects of native title and land rights agreements, while senior associate Caitlin Edwards draws on a background in charities law and corporate structuring and governance.

The Perth-based native title group at Gilbert + Tobin is a strong choice for all manner of governments, native title holders and claimants, industry proponents in energy, mining and forestry, as well as land, port and infrastructure developers, who turn to the team for the breadth of its capabilities. Headed by Marshall McKenna, an expert in native title negotiation, environmental planning and land access issues, the team’s full service extends to enforcement of native title rights, drafting Indigenous Land Use Agreements (ILUAs), statutory entitlements and the internal governance of native title trusts. Other names to note include special counsel Lauren Shave, who manages complex native title disputes, and senior associate Arabella Tolé, whose background includes both domestic and international litigation.

Entrusted by a varied roster of industry departments and bodies, resource companies, mineral explorers, landholders and developers, the team at McCullough Robertson works across its various offices (in Brisbane, Sydney, Melbourne, Newcastle and Canberra) to provide advice on a comprehensive range of native title matters and projects. The group’s regular workflow encompasses native title compensation issues, non-claimant applications, claims of sovereignty to the state, Indigenous Land Use Agreements and Right to Negotiate Agreements. The team is led from Brisbane by Dominic McGann, a veteran practitioner with considerable experience in various Queensland government roles, and Liam Davis, a native title and cultural heritage expert who regularly counsels infrastructure providers, Traditional Owners, and other clients across the resources, renewables, food and agribusiness industries. In Newcastle, Kate Swain is a key port of call for all manner of publicly listed corporations, private organisations and individuals, while central figures in Brisbane include Peter Stokes, recommended for his capabilities in judicial and administrative matters, and senior associate Holly Stjernqvist, who focuses on resources, renewables and carbon projects.

Underpinned by the combined strength of its national offices (Brisbane, Melbourne, Perth, Sydney and Sydney-Macquarie Park), the native title group at Herbert Smith Freehills works with proponents, public authorities and traditional owners across the energy, infrastructure, mining and resources, and oil and gas sectors on a broad range of matters. Led by the Perth-based Melanie Debenham – an expert in land access, native title and cultural heritage issues – the team’s expertise encompasses native title agreements, community engagement, and cultural heritage issues, as well as project agreements and authorisations. Other key figures in Perth include special counsel Naomi Hutchings, who brings expertise to energy, resources and infrastructure projects. The Brisbane office was bolstered by the arrival of Kathryn Pacey, an environment and planning specialist who joined in February 2022 from Clayton Utz.

The native title group at Perth-based firm Jackson McDonald takes a multidisciplinary approach, utilising its corporate governance and tax practices to advise various state government bodies, land councils, resource sector proponents, Aboriginal NGOs and enterprises, and Traditional Owner Groups. Led by Emma Chinnery – an experienced advisor to Traditional Owner groups on corporate and trust structures – the team regularly assists with Aboriginal economic development, benefits management structures, and partnerships. Corporate transaction expert Luke Paterson manages joint ventures with Aboriginal organisations operating across the construction, mining and agribusiness sectors, among others. Further support is provided by David Murphy, a corporate structure specialist, and senior consultant Adam Levin, who handles Aboriginal financial benefits.

The Sydney-based team at Maddocks in Sydney coordinates with offices in Melbourne and Canberra to act for Indigenous title claimants, government agencies (State, Territory and Commonwealth), resource companies, and private sector developers on a diverse spectrum of native title, cultural heritage management, and land rights matters. Government sector team head Michael Winram leads the team, advising on Aboriginal heritage aspects of solar farm development, land access, and environmental approvals. Winram is supported by Patrick Ibbotson, noted for his expertise in land contamination and remediation, and environmental and climate change law. Senior associate Libby Sivell specialises in land claims and water matters, while Susanne Rakoczy regularly draws on her background as a qualified archaeologist and anthropologist. Partner Breellen Warry, an environmental lawyer dual-qualified in NSW and England and Wales, joined the team from Holding Redlich in August 2021.