Native Title: Proponents
Asia-Pacific Guide 2024 : Australia
Band 3
Contact number
+61 8 9413 8400About
Provided by Gilbert + Tobin
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.
Chambers Review
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. Key clients include Novo Resources and Australian Executor Trustees.
Work Highlights
- Gilbert + Tobin advised the Australian Executor Trustees in relation to the implementation and administration of the Banjima Trusts.
Strengths
Provided by Chambers
"Gilbert + Tobin provide reliable advice for complex and sophisticated matters. They have a deep and broad team that work together well to serve their clients' needs."
"Gilbert + Tobin provide reliable advice for complex and sophisticated matters. They have a deep and broad team that work together well to serve their clients' needs."
Notable Practitioners
Marshall McKenna is a long-established, Perth-based practitioner with a wealth of experience advising clients in the mining industry on practice area issues.
"Marshall McKenna has extensive native title and land access experience and is a trusted adviser."