Native Title

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Experts in native title law

To gain timely access to land and approval to use it, the consideration of native title, Aboriginal land and Indigenous heritage issues is essential.

Our lawyers can assist you to develop sound native title strategies for projects, both large and small. The team is solutions-focussed, strategic, commercial and has strong relationships with traditional owners and all levels of industry and government.

These specialists form part of a fully integrated front-end approvals practice. This means that you can access specialist native title lawyers who work hand-in-hand with our experts in: environment and planning; mining, petroleum and infrastructure approvals; real estate; and land tenure. The result is comprehensive and coordinated land access and approvals solutions for your projects. Our legal advice covers the full suite of native title services:

  • approvals solutions
  • due diligence
  • Indigenous heritage issues
  • negotiation of agreements with traditional owners
  • litigation representation in courts and tribunals (including representation in native title claims).
Meet Our Team
Industry Recognition
  • Band 1, Native Title: Proponents
    Chambers and Partners Asia-Pacific 2025
  • Tier 1, Native Title
    Legal500 Austrlaia 2025
Testimonials
  • KWM (Mallesons) are a highly technical team who understand the nuances of community engagement and provide timely and accurate advice as required.
    Chambers and Partners Asia-Pacific 2025
  • The native title team at KWM (Mallesons) are extremely knowledgeable and provide excellent commercial advice.
    Chambers and Partners Asia-Pacific 2025

Extensive experience

The team is renowned for its ability to assist government, blue-chip, native title parties, private and public clients in the development of native title strategies for projects of varying sizes and scales of complexity within the infrastructure, mining / resources, real estate, telecommunications, construction and rail sectors.

Our experience in this area includes:

  • ASX-Listed Telco: on all their native title, Aboriginal land and Indigenous cultural heritage requirements for approximately 100 native title compensation claims across Australia and in the Federal Court, as well as advising on native title future acts for the installation of telecommunications facilities in various jurisdictions and proposed legislative reforms.
  • ASX-Listed Blue Chip Mining Company: on business-critical native title and heritage matters relating to its West Australian Iron Ore operations. This extends across implementation of comprehensive agreements, review of those agreements, heritage issues, social value commitments and governance, benefits management structures, native title compensation, Indigenous heritage law reform and native title law reform. 
  • Epuron: on all of its native title, cultural heritage, environment, planning and real estate legal needs, negotiating Indigenous land use agreements and cultural heritage management with the native title parties for its Lotus Creek Wind Farm (Qld), Specimen Hill Wind Farm (Qld), Chalumbin Wind Farm (Qld) and Burrendong Wind Farm (NSW).

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  • Transitioning to Future Energy

  • Australian merger control: A new regime

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  • The Government’s Proposed Superannuation Consumer Protection and MIS Reforms
  • Living in a material world: Non-financial risks and the new frontier of securities class actions
  • Under (parallel) pressure: Class actions and regulatory proceedings
  • In the consumer space, the regulator isn’t the only sheriff in town
  • Employment class actions: No signs of slowing down
  • Drugs and devices on trial: A decade of health sector class actions in Australia
  • The next frontier: New and novel claims on the horizon
  • Why are there no copyright class actions?
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