Praised for its ‘exceptional experience in energy and infrastructure projects’, Clayton Utz is adept at cultural heritage protection and native title act compliance. In Brisbane, Mark Geritz is lauded as ‘efficient’, while in Melbourne, Damien Gardiner handles cultural heritage risk surrounding corporate transactions. Operating out of Brisbane, Stuart MacGregor is knowledgeable of resources law, Georgia Davis is informed in aboriginal land rights, while Sophie-Rose Greer and Melbourne-based Robert Stilling are well-versed in infrastructure projects.
Native title in Australia
Clayton Utz
Practice head(s):
Mark Geritz; Damien Gardiner
Other key lawyers:
Stuart MacGregor; Georgia Davis; Sophie-Rose Greer; Robert Stilling; Nick Thomas
Testimonials
‘Clayton Utz has a strong team of native title and cultural heritage lawyers. The wider team provides expert legal advice that is delivered in a way that non legal people understand.’
‘I always find the individual people at Clayton Utz friendly and engaging, they also listen intently to concerns and provide advice that is fair and easy to understand, whilst highlighting the risks.’
‘Clayton Utz have exceptional experience in energy and infrastructure projects.’
Key clients
Australian Rail Track Corporation (ARTC)
Squadron Energy
Australia Pacific LNG Pty Limited
Origin Energy Limited
Idemitsu Australia
Stanwell Corporation
Transgrid
NSW Government
Powerlink Queensland and Queensland Hydro Pty Ltd
New Hope Group
Work highlights
- Advising Australian Rail Track Corporation (ARTC) on all native title and Aboriginal heritage issues related a development for the Inland Rail Programme.
- Advised Squadron Energy on project delivery for the development of Stage 1 of the Clarke Creek Wind Farm.
- Advised EnergyCo on native title issues for the Hunter Transmission project.
King & Wood Mallesons
A key contact for blue-chip, public sector, and private sector clients on native title strategies, King & Wood Mallesons is skilled at aboriginal land and cultural heritage agreements. Scott Singleton leads the team from Brisbane, while in Perth, Sally Audeyev is lauded for her ‘excellent knowledge and practical advice.' Working out of Melbourne, Emily Heffernan is knowledgeable of mining, while in Brisbane, Amy Carseldine is experienced in native title litigation, and Emily Wilson is informed in land access and tenure matters. Other key members of the team include Perth-based Laura Jackson.
Practice head(s):
Scott Singleton
Other key lawyers:
Sally Audeyev; Emily Heffernan; Amy Carsdeldine; Emily Wilson; Laura Jackson.
Testimonials
‘Sally Audeyev and her team provide a seamless service.’
‘Sally Audeyev continues to impress with her down to earth approach, excellent knowledge base, and practical advice.’
Key clients
BHP
Ark Energy
APA Group
Department of Defence
Department of Industry Science Energy and Resources
Tamboran Resources
Iberdrola
Origin Energy Limited
Queensland Hydro
RWE Renewables
Cubico
Sunwater
Telstra
Boral
Bureau of Meteorology
Work highlights
- Advising Queensland Hydro on the native title components for the development of the AUD$14b+ Borumba and AUD$12b Pioneer Burdekin pumped hydro energy storage projects.
- Advised BHP Group on important native title and heritage matters for their operations in South Australia, Queensland, and Western Australia.
- Assisted the Commonwealth Department of Industry, Science, Energy & Resources to finalise a registered ILUA with the Wajarri Yamaji People.
Allens
With a strong national presence, Allens’ key strengths lie in ESG issues surrounding indigenous peoples rights. Ben Zillmann leads the team from Brisbane, and alongside Andrew Moffat, is praised for ‘excellent and up-to date advice’. In Perth, Eve Lynch is active in the mining and resources sector, while Darcy Doyle is proficient in regulatory issues. In Sydney, Naomi Bergman is informed about aboriginal cultural heritage matters.
Practice head(s):
Ben Zillmann
Other key lawyers:
Andrew Moffat; Eve Lynch; Darcy Doyle; Naomi Bergman
Testimonials
‘They have a genuine desire to collaborate with clients and native title parties.’
‘Ben Zillmann and Andrea Moffatt provide excellent and up to date advice on matters of both native title and cultural heritage in what can be a complex and ever-changing space. They both have an in-depth understanding of the steps and timeframes involved in working through native title and cultural heritage matters, and are willing to build the long-term relationships to achieve practical business and native title outcomes for all parties.’
Key clients
RareX
Gladstone Water Board
Glencore
Energy Resource Australia
Sunwater
Work highlights
- Advising Sunwater on the Paradise Dam Improvement Project.
- Advising Energy Resource Australia on Aboriginal land and cultural heritage issues for its Ranger Uranium Mine.
- Advised on a native title agreement for RareX’s Cummins Range phosphate-enabled rare earths project.
Arnold Bloch Leibler
With activity in the renewable energy sector, Arnold Bloch Leibler is knowledgeable of the Native Title Act 1993. Peter Seidel leads the department from Melbourne and his broad practice encompasses native title determination applications, as well as indigenous land use agreements. Bridgid Cowling assists clients on the tax aspects of native title agreements.
Practice head(s):
Peter Seidel
Other key lawyers:
Bridgid Cowling
Testimonials
‘ABL provided excellent support for the corporation. They were extremely generous with their time and resources, ensuring we received high quality advice in a timely and focused manner.’
‘They were highly responsive to our needs.’
Key clients
Yamatji Marlpa Aboriginal Corporation
Yorta Yorta Nation Aboriginal Corporation
Karungkarni Art and Culture Aboriginal Corporation
First Australians Capital
Ramahyuck District Aboriginal Corporation
The Lowitja Institute
Eastern Maar Aboriginal Corporation
Perpetual Trustee Co / Noongar Boodja Trust
Trust for Nature
Greening Australia
Birrarangga Film Festival
Indigenous Business Australia
Blak and Bright Film Festival
Barengi Gadjin Land Council
Burrumbul Mirring Ltd
Central Land Council
Djalkiripuygnu Aboriginal Corporation
Australian Communities Foundation re Meriam Nations
Nairm Marr Djambana
The Public Land Consultancy
Work highlights
- Advised the Yamatji Marlpa Aboriginal Corporation on negotiating Indigenous Land Use Agreements.
- Advised Yorta Yorta Nation Aboriginal Corporation (YYNAC) on its application to be formally recognised as the Traditional Owners of the mid Murray region of Northern Victoria.
- Advised Karungkarni Art and Culture Aboriginal Corporation in its efforts to lift an embargo against access to all Wave Hill Station.
Gilbert + Tobin
Operating out of Perth, Gilbert + Tobin covers aboriginal heritage issues, native title rights, and statutory entitlements. Marshall McKenna leads the team and is geared to handle compensation issues, environmental approvals, and restraints of trade. Other key members of the team include Lauren Shave and Jim Power who are knowledgeable of resources law.
Practice head(s):
Marshall McKenna
Other key lawyers:
Lauren Shave; Jim Power; Arabella Tolé
Testimonials
‘The native title team at G&T is well lead by Marshall Mackenna. Marshall is very experienced & provides innovative suggestions to consider for planning the way ahead.’
‘The team at G&T is always polite, respectful, and collaborative to work with on all projects.’
Key clients
Sandfire Resources Limited
Tivan Limited
CITIC Pacific Mining Management Pty Limited
Sino Iron Pty Ltd
Wesfarmers Group
ACEN Australia
Mincor Resources NL
Murujuga Aboriginal Corporation
Covalent Lithium Pty Ltd
Ora Banda Mining Limited
Anglogold Ashanti Limited
Australian Executor Trustees Limited
Beach Energy Limited
Yued Aboriginal Corporation
Work highlights
- Advised MAC on its Statement of Intent with the Government.
- Advised ACEN Australia on native title issues surrounding the development, ownership, and operation of large-scale renewable energy projects valued at over $1bn.
Herbert Smith Freehills LLP
Often advising public sector entities, Herbert Smith Freehills LLP is knowledgeable of cultural heritage, ESG, and native title issues. Melanie Debenham heads the team and is particularly active in the infrastructure, mining, and transport sectors. Naomi Hutchings is proficient in stakeholder engagement and statutory compliance, while Amelia Arndt is informed in aboriginal heritage. Peter Briggs is vastly experienced in aboriginal land rights act claims.
Practice head(s):
Melanie Debenham
Other key lawyers:
Naomi Hutchings; Amelia Arndt; Peter Briggs; Heidi Asten
Key clients
Woodside Energy Ltd
First Nations Legal & Research Services
Main Roads WA
Work highlights
McCullough Robertson
McCullough Robertson frequently acts for developers, landholders, and mineral explorers on native title matters and projects. Liam Davis oversees the department from Brisbane and is a key contact for infrastructure providers and property developers. Dominic McGann is noted for his strength in cultural heritage issues, Peter Stokes is experienced in native title claims, and Kate Swain is knowledgeable of Aboriginal land rights legislation. Other key members of the team include Ben Turnbull, who is often engaged in tenement approvals.
Practice head(s):
Liam Davis
Other key lawyers:
Dominic McGann; Peter Stokes; Kate Swain; Ben Turnbull; Emily Collins
Testimonials
‘Liam Davis, Dominic McGann, and Ben Turnbull’s durability, diligence, professionalism, knowledge, and innovation are evident, while being collaborative, the client’s interests are foremost.’
‘Ben Turnbull is accessible, experienced, able to assist with managing priorities, professional, and personable. Dominic McGann finds a path forward that still represents the interests of all parties with a focus on the client.’
‘Liam Davis understood our business, our end goals, and the unique strategic context we operate within. Leveraging their relationships, skills, and extensive knowledge, they were able to deliver outcomes amid uncertainty and resolve contentious issues to mutual benefit.’
‘Dominic McGann, Liam Davis, and Ben Turnbull are highly trusted and a pleasure to work with. They are very responsive to urgent matters, and all three are able to tackle complex issues in a very timely manner. I have no hesitation in continuing to seek legal opinions from this team.’
‘The team’s experience in native title matters in the mining industry is proving to be highly relevant for the renewable energy industry.’
‘They are very professional, responsive, timely, and connected. Liam Davis is engaging, professional, and effervescent in his engagement.’
‘The team working on my project had a breadth and depth of experience that is unparalleled, making it much easier to navigate the complexities we were contending with.’
‘McCullough Robertson are really great to work with on native title matters. The team is very responsive to urgent matters and is able to tackle complex issues in a very timely manner. I have no hesitation in continuing to seek legal opinions from McCullough Robertson.’
Key clients
Bowen River Utilities Pty Ltd
Renewable Energy Partners Pty Ltd
Diatreme Resources Limited
Peabody Energy Australia
Batchfire Resources
Senex Energy Limited
Evolution Mining
Ravenswood Gold
Queensland Government
Land Restoration Fund
Carbon Farmland Fund
Climate Friendly
Tri-Star Group
Bowdens Silver
Work highlights
Norton Rose Fulbright
Noted for its strength in renewables projects, Norton Rose Fulbright is adept at native title agreements and land use agreements. Gavin Scott leads the practice from Brisbane and is lauded for his ‘unique, enthusiastic, and accessible approach.’ Jessica Rusten is a key port of call for international energy providers, and Ellen Whittred advises clients on first nations and indigenous issues.
Practice head(s):
Gavin Scott
Other key lawyers:
Jessica Rusten; Ellen Whittred
Testimonials
‘Gavin Scott stands out for his unique, enthusiastic, and accessible approach to native title and cultural heritage agreement.’
Key clients
Rio Tinto
Stockland Australia
Western Green Energy Hub
Powerlink
Acciona
RES Australia Pty Ltd
Central Queensland Power
Stanmore Resources
Cape Flattery Silica Mines Pty Limited
EDF Renewables Australia Pty Ltd
Work highlights
Corrs Chambers Westgarth
Recently handling compensation entitlements, Corrs Chambers Westgarth is knowledgeable of Land Use Agreements. Louise Camenzuli oversees the practice from Sydney and assists clients with native title and cultural heritage issues surrounding infrastructure projects. In Brisbane, Anna White is informed in aboriginal cultural heritage requirements, and Henry Prokuda is lauded for a ‘depth of experience and knowledge.’ Milaan Latten handles indigenous land use agreements, and in Melbourne, Rosie Syme is versed in statutory protections available under Commonwealth and State legislation.
Practice head(s):
Louise Camenzuli
Other key lawyers:
Anna White; Henry Prokuda; Milaan Latten; Rosie Syme; Brent Lillywhite; Rebecca Field
Testimonials
‘They really stay on top of matters, and are proactive in their efforts to push things along. The team is very approachable and friendly to work with, and they’ve usually thought about things many steps in advance.’
‘We have used the Brisbane team for due diligence as part of a proposed acquisition and was impressed by the depth of the team and their knowledge in the area. They were responsive and able to meet tight timelines.’
‘The Corrs team is always available to assist and can deploy practitioners with appropriate skills to undertake the task.’
‘The individual practitioners at Corrs are always attentive and bring with considerable expertise.’
‘Henry Prokuda has a depth of experience and knowledge in the native title area. His advice was practical and commercial and allowed us to navigate some difficult native title issues.’
‘Milaan Latten is a wise and capable lawyer; a good person you can trust.’
Key clients
Transgrid
Powerlink Queensland
Port of Townsville
Northern Territory Government
Redland City Council
Boral
Queensland Investment Corporation (QIC)
M Resources
Queensland Department of Transport and Main Roads (DTMR)
Royal Flying Doctor’s Service
Beach Energy
Property Council
UDIA
Work highlights
- Advised the Royal Flying Doctors Service on the negotiation of an Indigenous Land Use Agreement (ILUA) to support the development of a new air base in Townsville.
- Acted on two native title claims made by the Gurambilbarra Wulgurukaba people.
- Advised Beach Energy in relation to current regulatory frameworks on Indigenous consultation and proposed changes to the consultation rules for offshore projects.
Jackson McDonald
A strong choice for aboriginal organisations, Jackson McDonald is proficient in corporate governance, as well as stakeholder management. In Perth, practice head Emma Chinnery often advises clients on aboriginal economic development and benefit management structure. David Murphy is knowledgeable of taxation laws surrounding native title payments.
Practice head(s):
Emma Chinnery
Other key lawyers:
David Murphy; Alana Schwartz
Testimonials
‘Their reliability, attention to detail, and excellent client relationships makes them standout.’
‘The qualities that most stand out to me are their professionalism.’
‘Emma Chinnery provides sound advice and exceptional customer service.’
Key clients
Waalitj Foundation Limited
Professional Trustee Company
Registered Native Title Body
Work highlights
- Assisted a trustee company with the design of a bespoke home ownership program for beneficiaries of a charitable trust.
- Advised a Registered Native Title Body on the modernisation of agreements with a key mining proponent.
- Assisted Indigenous Business Hubs in developing a range of documents to assist in the establishment and governance, of Indigenous joint ventures.
Maddocks
Maddocks’ broad expertise encompasses cultural heritage management, land rights, and native title matters. Michael Winram leads the team from Sydney and often handles native title applications. Other key members of the team include Susanne Rakoczy, who is knowledgeable of land access and stakeholder engagement.
Practice head(s):
Michael Winram
Other key lawyers:
Susanne Rakoczy
Testimonials
‘Maddocks provides up to date info on native title.’
‘Susanne Rakoczy and Micheal Winram provide professional guidance and go above and beyond to help us out.’
Key clients
Numerous New South Wales Local Councils
Numerous Victoria Local Councils
Corangamite Local Council
Tharawal Local Aboriginal Land Council
Nungaroo Local Aboriginal Land Council
Wajarri Yamaji Aboriginal Corporation RNTC
Dja Dja Wurrung Clans Aboriginal Corporation
Work highlights
- Advised on the planning and delivery of the Parkes Water Security Program which involves over $65M of water infrastructure projects.
- Advised various NSW Local Councils on their obligations as Crown Land Managers regarding native title and cultural heritage matters.
- Represented a group of Victorian councils as respondents in a native title claim of the Eastern Maar people.
Thomson Geer
The ‘approachable, available, and experienced’ practice at Thomson Geer often handles native title and aboriginal heritage protection matters. In Perth, Paul Harley is a key port of call for key infrastructure and service providers in the resources and energy sectors. Sarah O’Brien-Smith is experienced in both contentious and non-contentious mining work.
Practice head(s):
Paul Harley; Sarah O’Brien-Smith
Testimonials
‘Approachable, available, and experienced.’
‘Friendly, pragmatic, and reliable.’
Key clients
Silver Lake Resources Limited
Azure Minerals Limited
Cannon Resources Limited
Future Battery Minerals Limited
Hallett Group
Falcon Minerals Limited
Metal Hawk Limited
DevelopmentWA
GMA Garnet Pty Ltd
Yindjibarndi Energy Corporation
Work highlights
- Acting for Azure Minerals in negotiations with native title groups.
- Acting for Cannon Resources in negotiations with native title groups.
- Acting for Silver Lake in negotiations with native title groups.