Native Title: Proponents
Asia-Pacific Guide 2025 : 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.
Work Highlights
- Gilbert + Tobin were instructed by Sandfire Resources to conduct a detailed investigation and written report to identify issues and recommendations arising from the disturbance of two artefact scatters at the Monty Mine on Yugunga-Nya Country.
Strengths
Provided by Chambers
"Gilbert + Tobin have a genuine passion for native title work and competence in the field."
"The team are very good and very professional."
"Gilbert + Tobin have a genuine passion for native title work and competence in the field."
"The team are very good and very professional."
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 is good at what he does and is well supported by a team he nurtures."