The team at Ashurst maintains a strong position across native title and indigenous heritage matters, advising major global proponents, as well as traditional holders, on complex and innovative issues, spanning the negotiation of new land access agreements for renewable energy projects, including emerging issues around equity stakes, the transfer of land to Indigenous groups, and issues relating to climate change impacts. The firm is also active in representing major names such as Santos in high-stakes litigation of significant public notice up to Federal Court level. The practice is led by Perth’s Andrew Gay, recognised as a vastly experienced authority on native title issues, Clare Lawrence in Melbourne, who has been heavily active on energy transition matters, including acting for the Government of South Australia on greenfield hydrogen developments, and Brisbane-based Tony Denholder, who has a diverse client base including major mining and minerals proponents as well as traditional owners. At senior associate level, Joel Moss and Cheyne Jansen in Perth and Brisbane respectively play a key role for proponents, while Sydney’s Rebecca Hughes has nationwide experience of native title issues, including previous work for the Northern Land Council, and Brisbane-based Libby McKillop is a specialist in mining work, advising major clients such as Glencore on complex matters.

Clayton Utz offers a ‘wealth of expertise‘ on native title and cultural heritage issues, working with major proponents, including mining and mineral companies, energy producers, and public sector organisations, as well as native title holders, on native title issues for projects, the negotiation of agreements with traditional owner groups, and high-stakes disputes between proponents and native title claimants. The firm is notably advising ARTC on native title issues relating to its Inland Rail project, including acquisitions in New South Wales and Queensland, and cultural heritage engagements in several states. The team is led by Brisbane’s Mark Geritz, an experienced adviser on major projects, while Perth’s Lucy Shea is active on environmental and planning issues as they relate to native title. Melbourne-based Damien Gardiner is noted for his work in the energy space, including on emerging energy transition issues, while Brisbane-based Stuart MacGregor takes the lead on cultural heritage issues in the energy and resources sector, and previously handled native title issues for the Crown Solicitor’s office in South Australia. Also in Brisbane, senior associate Georgia Davis is particularly active in negotiating native title and cultural heritage agreements, while Melbourne-based senior associate Robert Stilling combines native title analysis of infrastucture projects with notable experience in representing respondents in native title claims before federal courts.

King & Wood Mallesons advises major public and private sector clients, including government departments, major domestic and international project proponents, and native title holders, on the negotiation of native title, cultural heritage agreements, and broad strategic issues. The firm has a particularly strong record in handling native title strategy relating to major projects across oil and gas, minerals and mining, and notably the renewable energy space, advising on new agreements and questions of native title law relating to energy transition projects. Brisbane’s Scott Singleton leads the team, and is a long-time adviser to major clients such as Telstra and the Department of Defence on native title issues, while Perth’s Sally Audeyev is also a key member of the practice, working with proponents and title holders across Western Australia and South Australia on business-critical native title and heritage agreements, as well as advising and contributing to legal developments in the aftermath of the Jukaan incident. Promoted to partner in June 2023, Melbourne-based Emily Heffernan has extensive experience in the space, including previously advising on native title issues for the Victorian Government, and continues to play a key role in commissions and inquiries. In Brisbane, senior associate Amy Carseldine specialises in native title, cultural heritage, and land access issues across a range of industries, and is a key adviser to major clients. Nick Testro left the firm in November 2022 for a role in the Victorian Government Solicitor’s Office.

Allens advises project proponents in areas including mining, minerals, oil and gas, and renewables, on native title approvals relating to projects, the negotiation of agreements, and trust management, as well as representing clients in disputes relating to native title violations and claims from Indigenous holders. The firm has strong environmental and planning expertise, and leverages this, along with its capabilities in litigation and corporate law, to handle the full range of native title issues for a combination of major domestic and global players. Ben Zillman heads up the practice from Brisbane, and advises major resources companies as well as governments on native title agreements, including the securing of crucial exploration permits and broad strategic and compliance issues. In Perth, Eve Lynch handles environment and planning issues relating to native title, as well as Aboriginal heritage agreements in Western Australia, while associate Darcy Doyle specialises in native title and cultural heritage as they relate to energy and resources projects, as well as broader human rights issues.

Praised for its ‘unique‘ expertise in traditional owner work, the team at Arnold Bloch Leibler works with native title holders and Indigenous holders of land on land use agreements, native title determination applications, and development negotiations, particularly for new renewable energy projects as well as internal issues relating to employment, tax, and governance for Aboriginal corporations. The ‘superb‘ team, led from Melbourne by Peter Seidel and supported by special counsel Bridgid Cowling, is also noted for its work on broad legislative developments and thought leadership, including advising governmental entities and businesses on responses to the Jukaan Gorge inquiry and the Indigenous Voice referendum, as well as negotiating partnerships between Indigenous groups and state governments, most notably the Government of Victoria.

The team at Gilbert + Tobin advises a combination of proponents, Indigenous holders, developers, and government entities across the full range of native title matters on a national basis, including agreements, internal governance issues, the enforcement of native title rights, and disputes. The firm is able to handle matters in the energy, mining, and infrastructure spaces, as well as advising on public sector mandates, and acting in precedent-setting native title cases before the federal courts. The team is led by Marshall McKenna, a highly experienced native title practitioner who acts for both holders and proponents in a wide array of cases, with special counsel Lauren Shave particularly noted for her expertise in native title disputes. Senior associate Arabella Tolé is also a key name for disputes and land access cases. All lawyers mentioned are in Perth.

Brisbane-based McCullough Robertson advises major energy and resources clients, as well as public sector bodies across Queensland and nationally, advising on native title compliance and negotiations for projects, as well as handling innovative issues relating to new renewable energy and energy transition projects, and carbon credits, including new native title agreement negotiations, and cultural heritage agreements. Liam Davis leads the team, and is accomplished in negotiating with native title holders on cultural heritage and land access agreements, while Dominic McGann offers deep experience in the public sector as well as private practice, regularly advising businesses and government bodies on precedent-setting agreements relating to energy and infrastructure projects. Kate Swain has nationwide experience, regularly advising clients in New South Wales, and is particularly active on behalf of major companies such as Peabody Energy.

Norton Rose Fulbright advises a wide range of major domestic and global clients in oil, gas and mining on native title and cultural heritage agreements and approvals for major projects across Australia, as well as handling new and emerging issues relating to native title compensation and ESG risks in the aftermath of the Jukaan Gorge incident. Gavin Scott, who has broad experience across native title issues and advises major clients, leads the team, notably representing Rio Tinto in the high-profile Gumatj compensation claim. Environment and planning specialist Elisa de Wit also plays a key role on Aboriginal cultural heritage matters, while senior associates Jessica Rusten and Ellen Whittred work closely with Scott on advice to major energy and minerals companies, as well as working with traditional owners groups. All lawyers mentioned are in Brisbane.

Specialising in project management, financing, and sustainable development issues, the Perth-based team at DLA Piper advises project proponents, primarily mining companies and infrastructure developers, on drafting and negotiating native title and Aboriginal heritage agreements, cultural heritage approvals, and project risk analysis, as well as representing clients in native title claims at the state and federal level. The firm is also increasingly active in the energy space, particularly renewables. Alex Jones, a specialist mining practitioner with expertise in project management, financing, and restructuring, now leads the team, and advises clients on native title issues primarily in Western Australia as well as nationally. Special counsel Katherine Perincek focuses on native title and indigenous heritage issues, working with proponent clients in various industries on Land Use Agreements and other considerations.

Herbert Smith Freehills LLP works with a wide range of project proponents and industry groups in the energy and mining industries, advising on native title and cultural heritage concerns relating to large-scale state and national projects, including negotiations with Traditional Owners as well as representing clients in Federal Court proceedings relating to native title claims. The team, led by Perth’s Melanie Debenham, has strength across key jurisdictions in Australia, and is able to advise on environmental, corporate, financing, and planning issues, as well as handling public sector matters for government clients.

HopgoodGanim primarily works with traditional owner groups, handling complex land access, cultural heritage, and compensation issues on a national basis, including in the Northern Territory. The firm also works with proponents and industry groups on cultural heritage and native title projects, as well as applications to the Federal Court. Jonathan Fulcher, a highly experienced native title practitioner and a regular contributor to thought leadership on the subject, is the key name in the team, based in Brisbane.

Jackson McDonald operates throughout Western Australia, specialising in work for traditional owners, primarily Aboriginal corporations, on internal governance, corporate, and commercial issues, as well as native title claims, negotiations with state governments and proponents, and the establishment of charitable trusts. Emma Chinnery leads the team, advising a broad range of traditional owner clients, and has specialist expertise in the negotiation of corporate and trust structures. Luke Paterson takes the lead on corporate and transactional matters, and special counsel Alana Schwartz handles commercial and non-profit issues for Aboriginal corporations.

With a strong focus on environmental and planning matters, the Sydney-based team at Maddocks advises clients on native title issues relating to infrastructure projects, the management of Crown land, and Aboriginal Land Rights Act claims. The firm acts for a diverse client base across New South Wales and nationally, including government bodies, developers and project proponents, and Native organisations. Michael Winram leads the team, advising a number of local government bodies as well as Native corporations, utilities, and energy companies on project management and land access issues. Senior associates Libby Sivell and Sarah De Ceglie are also key team members, with standout involvement in native title claims and land access negotiations, respectively.

Thomson Geer advises project proponents across Western Australia on native title negotiations, claims, and commercial agreements, with a strong stable of clients in the mining and energy industries. The team also works with traditional owners, including on innovative agreements with land users involving equity and financing elements. Moving from HopgoodGanim‘s Perth office in January 2023, Paul Harley and Sarah O’Brien-Smith head up the practice.