Native Title: Proponents | Asia-Pacific

Ashurst is a go-to firm for proponents for advice on complex native title and cultural heritage mandates. With its comprehensive geographical reach, Ashurst maintains dedicated native title expertise in five mainland offices and is additionally active in the Northern Territory and South Australia. Its depth of expertise positions it well to deliver high-quality advice to blue-chip energy, resources and infrastructure companies on both contentious and non-contentious issues throughout the country, including the negotiation of project-specific agreements with traditional owner parties and litigation to Full Federal Court and High Court level. The team advises industry groups within the mining space on proposed legislative reforms, changes to state legislation and case law. It counsels Commonwealth and state government bodies on law reform and other practice area issues. Ashurst also offers additional strength in acting for government bodies on issues including law reform, as well as indigenous land use agreements.

King & Wood Mallesons provides strategic advice to blue-chip clients in the energy and natural resources and infrastructure sectors. The team handles the full range of native title issues, including Aboriginal land and cultural heritage agreements and their implementation, benefit management structures and compensation. It is highly experienced in assisting with native title and cultural heritage matters associated with large-scale projects and is frequently instructed by federal and state government entities on a range of Aboriginal land issues. King & Wood Mallesons is further noted for integrating multidisciplinary advice on native title and environmental concerns, access agreements and approvals for resources and infrastructure projects, as well as tenure protection in claim determinations and heritage reforms.

Allens' established, national practice provides a full suite of native title services, covering both contentious and non-contentious issues. It has a strong track record of acting for market-leading energy and resources companies on indigenous engagement and native title trust issues. It is also experienced in advising government clients on native title considerations associated with the privatisation of state-owned assets.

McCullough Robertson regularly represents proponent clients, including leading players in the mining and gas sectors. It advises on indigenous land use and the right to negotiate agreements, cultural heritage management strategies and future act and compensation issues. The law firm is noted for its strength in advising on consents for carbon projects and the interaction between obtaining carbon credits and native title rights. It also advises state and local government agencies.

Norton Rose Fulbright regularly advises inbound investors and other developers on native title, cultural heritage and land rights issues arising in relation to large-scale energy and infrastructure projects. The law firm houses expertise on the legislative framework around indigenous affairs, including the changes to cultural heritage laws in Western Australia and New South Wales. It also offers additional expertise in complex litigation, including in relation to indigenous land use agreements and compensation claims. 

DLA Piper's Perth-based practice combines a strong Western Australian focus with a full national capability, offering integrated land access and native title services to project proponents in the resources, infrastructure and real estate sectors. It is increasingly active on renewables projects across Australia and frequently assists with native title disputes as well as advising on non-contentious matters.

Gilbert + Tobin 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. The team is noted for its considerable experience in the mining and minerals sector as well as acting for forestry and pastoral proponents. It also frequently acts for large natural resources companies.

Herbert Smith Freehills' well-respected, Queensland-headquartered group draws on expertise across a range of disciplines to assist clients in the delivery of high-profile resources and infrastructure projects. It provides comprehensive advisory services covering native title, cultural heritage, land access and approvals issues. The team is also noted for its strong litigation expertise and represents clients in Federal Court and National Native Title Tribunal proceedings. Herbert Smith Freehills has close interactions with many leading industry bodies in the mining, oil and gas, energy and water sectors.