Castledine Gregory Law and Mediation

Native Title and Aboriginal Heritage

Content

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We work in areas including:

 

  • native title and Aboriginal heritage agreement-making (negotiating and drafting)
  • native title and Aboriginal heritage advice
  • due diligence and IPO assessments
  • native title claims
  • Indigenous land use agreements
  • intra-Indigenous agreements between Aboriginal communities and native title holders, or between native title groups
  • management of native title agreements
  • enforcement of native title agreements and dispute resolution (read more on our Negotiation, Mediation and Conflict Resolution page)
  • establishing and securing nomination of prescribed bodies corporate
  • environmental procedures and compliance associated with resources, energy and infrastructure projects in native title areas (read more on our Planning and Environment page)
  • trusts and benefits management structures
  • working with and advising prescribed bodies corporate and other Aboriginal corporations in relation to native title, heritage, commercial and corporate issues (read more on our Corporate, Commercial and Governance page)

We have been recognised as a leading firm in native title in the 2013 and 2014 Chambers Asia-Pacific Guide (read more on our Testimonials page). Our approach is always to prefer the reaching of agreements over litigated solutions. However, we know that occasionally negotiations break down and other approaches to dispute resolution must be considered.

 

We act for clients who have a genuine desire to reach an enduring and strong agreement with the other party. We act for mining, energy and infrastructure companies, government agencies and Aboriginal groups. Over many years we have learned that acting for a diverse range of clients helps us better to understand the various complex and competing interests at play, which helps us advise all our clients to optimum effect.

 

Examples of our work

  • representing parties in Western Australia’s first litigated native title claim (and many claims since)
  • helping parties to negotiate and draft numerous native title agreements and heritage agreements for large and small projects
  • advising infrastructure providers in multi-claim native title dealings
  • representing a trustee company managing native title agreement benefits (read more on our Corporate, Commercial and Governance page)
  • representing large groups of related parties in multiple native title claims
  • due diligence investigations, and initial public offering reviews and reports, relating to native title, heritage and mining tenement legal issues
  • chairing and facilitating native title group meetings involving complex and contentious issues (read more on our Negotiation, Mediation and Conflict Resolution page)
  • drafting and registering Indigenous land use agreements
  • advising a prescribed body corporate on environmental compliance associated with an energy project and associated procedures in a native title agreement
  • advising a prescribed body corporate on environmental due diligence requirements for the proposed acquisition of land and a business (read more on our Planning and Environment page)
  • negotiating intra-Indigenous agreements between native title groups, and between Aboriginal communities and native title groups
  • acting for prescribed body corporate in proceedings to secure nomination for native title holders, and advising on and preparing documents and evidence associated with nomination and
  • advising on trustee obligations and procedures for consulting with communities and decision making
  • advising native title holders on confidentiality, intellectual property and the management of gender-restricted evidence in litigation
  • advising prescribed bodies corporate on governance, policies and procedures, and dispute resolution with members (read more on our Corporate, Commercial and Governance page)
  • advising native title holders on commercial agreements to facilitate economic development (read more on our Corporate, Commercial and Governance page).