DEPARTMENT PROFILE

Gilbert + Tobin

Native Title

1 ranked lawyersBand 3AustraliaAsia-Pacific 2021 View ranking table
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What the team is known for

Handles the full scope of native title matters including the negotiation of native title agreements, indigenous land use agreements, future acts and cultural heritage agreements. Noted for its considerable experience in the mining and minerals sector as well as acting for forestry and pastoral proponents. Frequently acts for large natural resources companies.

Work highlights

Acted successfully for CITIC in Supreme Court of Western Australia litigation concerning the status of a compensation agreement entered into with a purported native title party, it being determined that as the latter had no legal existence, its claim to compensation from CITIC was inadmissible.

Notable practitioners

Marshall McKenna is a long-established practitioner with a wealth of experience advising clients in the mining industry on practice area issues. One client values his "great insights and in-depth knowledge of the native title and heritage space," while another notes: "He's really outstanding; he is the type of person you can have a five-minute call with and he will be able to give you an answer straight away, and be happy to do so."

Department Information

This content is provided by Gilbert + Tobin.

Overview

Gilbert + Tobin’s native title team has a reputation as a cross-practice, solutions orientated group, and is unique in acting for all sectors including proponents, native title holders and Government.

Our breadth of expertise is rare, with very few others in the position of trusted adviser to both parties in the proponent sphere and in the native title holder or aspirant sphere.

Our experience covers all industry sectors. We have advised:

  • Native title holders and claimants.
  • Trustees of native title trusts.
  • Government.
  • Mining proponents.
  • Forestry proponents.
  • Pastoral and rangelands proponents.
  • Land developers.
  • Port and infrastructure developers.

Our practice traverses the breadth of native title work and includes advice on:

  • Future acts (including dispute resolution options).
  • Drafting Indigenous Land Use Agreements (ILUAs) and other native title agreements.
  • Enforcement of native title rights.
  • Internal governance of native title trusts and other indigenous organisations.
  • Liability under native title agreements in complex situations including where native title counterparties are held effectively not to exist as a coherent and identifiable group.
  • Aboriginal heritage issues and statutory entitlements related to native title.

Native Title Department

Gilbert + Tobin

firm
Department location

Level 16, Brookfield Place Tower 2,

123 St Georges Terrace

Perth

Western Australia

Australia

WA 6000

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Ranked Lawyers

Chambers Research is conducted by 200 Research Analysts, across 200 jurisdictions and provides nearly 6,000 rankings tables. Annually we collect hundreds of thousands of responses from clients, the majority via in-depth interview. Learn more about our methodology.

Australia

Native Title: Proponents


Marshall McKenna
Band 1