Native Title: Proponents - Australia
What the team is known for
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. Key clients include Rio Tinto and Minerals Council of Australia.
Strengths
"Ashurst have long been the most capable firm. Apart from having specialists in each facet of the work, they have instant access to other areas of the law that often impact the issue."
"The team is very strong, and includes people who have been with them for many years."
Work highlights
Ashurst was engaged by Eastern Maar Aboriginal in negotiations for the grant of a petroleum tenement that extends offshore to a gas processing plant inland.
Notable practitioners
Geoff Gishubl is based in Perth and combines his role as Ashurst's chief operating officer with continuing involvement in key practice area mandates, notably including those involving the native title aspects of major mining operations.
Andrew Gay acts for a range of high-profile mining, energy and infrastructure sector clients on complex native title agreement negotiation and implementation mandates. "Andrew Gay is really great, and quite open-minded."
Tony Denholder is a highly esteemed Brisbane-based practitioner who is regularly instructed by leading players in the mining and infrastructure sectors. "Tony Denholder has maintained and developed his capacity." "Tony's skills, expertise and integrity are appreciated. He is exceptional."
Clare Lawrence is frequently instructed by significant corporates and government entities on native title and heritage matters relating to operations in the resources sector or infrastructure projects.
Libby McKillop is based in Brisbane and acts extensively for energy and resources, infrastructure and government sector clients in the area where mining law, indigenous land law and cultural heritage issues intersect.