Native Title & Public Interest | Arnold Bloch Leibler

Our experience

Giving back to the community has always been and will continue to be a core value at Arnold Bloch Leibler. Today, we represent a diverse group of public interest, charitable and not-for-profit organisations on a pro bono basis, including many organisations and communities progressing their native title and land rights aspirations.

We aim to make a real and valuable contribution to civil society by offering strategic legal advice in the public interest to defend or assert rights, develop the law or improve the administration of justice. Our clients are active in the cultural, health, religious, Indigenous and environmental sectors.

Our efforts have achieved significant outcomes for a wide variety of people. We have contributed to legislative reform and played a part in improving the understanding of social issues.

We also advise not-for-profit groups on critically important corporate governance and associated legal matters, including how best to structure their not-for-profit operations to help achieve tax exempt and deductible gift recipient status. This work is crucial to ensure their financial viability.

The firm is deeply committed to Indigenous capacity building endeavours and we have partnered with a broad variety of Indigenous organisations and community groups to assist them in their efforts. Our lawyers work with Aboriginal and Torres Strait Islander communities and causes to establish the commercial structures that will enable them to fulfil their cultural and environmental responsibilities to their traditional lands, in caring for country, kith and kin.

The firm’s reconciliation work preceded the establishment of Reconciliation Australia’s Reconciliation Action Plan (RAP) program and we became the first law firm to develop a RAP in 2008, as part of the group of trailblazers who launched the program.

“ABL is wholehearted in its support and that shows in the quality of the advice. They go the extra mile and are in the trenches with you.”

Client quote, Chambers Asia Pacific

Committed partnerships

Many of our public interest law clients are tackling deeply ingrained social barriers and obstacles that they seek to overcome through implementation of long-term visions. We are committed to each client and each project undertaken, no matter how long the journey or how hard the path to achieve the desired outcomes.

We have represented the Yorta Yorta Aboriginal Nation since 1993 in their native title determination efforts and well beyond. After decades of legal setbacks, we remain steadfast in our commitment to support the Yorta Yorta peoples and communities like them in their struggles for justice.

Our approach to public interest law

Our public interest law services are co-ordinated through a dedicated public interest law practice that is both well-known and widely respected by the legal, business and not-for-profit sectors. The way in which we manage the public interest law practice and deliver services to the community is as important as the work itself.

At ABL, there is no distinction between paid and non-paid work. As with other practice areas, the public interest law practice is managed by a full-time partner. Peter Seidel, who heads this practice area, is also board member of the Wantok Musik Foundation.

The practice draws together lawyers from relevant disciplines across the firm, including corporate, dispute resolution, intellectual property, real property, taxation and workplace advisory.

Native title and land rights

ABL’s native title and land rights practice offers advice to some of the most vulnerable communities in the country. Our practice assists with determination applications, development negotiations, Indigenous Land Use Agreements, negotiating and drafting associated documents (including trust deeds, rules, powers of attorney, constitutions and the like), seeking tax concession for groups, establishing corporate structures and providing related legislative and policy advice.

The firm has resolved several potential disputes to ensure co-existent land uses and interests and mediated outcomes that are satisfactory to all. Our ongoing involvement with various Indigenous entities and peoples has afforded the firm invaluable knowledge of the commercial and litigious aspects of native title, land rights and related Indigenous issues.

Our native title and land rights work

Anindilyakwa Land Council

Continued assistance for the Anindilyakwa Land Council, the statutory Land Council for the Groote Eylandt archipelago, Northern Territory, with its functions and obligations under the Aboriginal Land Rights (Northern Territory) Act 1976.

Yamatji Marlpa Aboriginal Corporation

Ongoing legal representation for YMAC, assisting with native title claims, negotiating land use agreements and assisting with heritage protection services, and community, economic and environmental projects.

Waanyi Advancement

Advising in relation to interests in pastoral properties in the Gulf of Carpentaria and on complex native title settlement agreements and shareholding structures.

Goldfields Land and Sea Council

Acting on behalf of The Goldfields Land and Sea Council, the Native Title Representative Body for the Goldfields-Esperance region, on a range of matters of relevance to the statutory functions of the Council.

Yorta Yorta Nation Aboriginal Corporation

Ongoing advice in relation to all aspects of its work, including its Registered Aboriginal Party status under the Aboriginal Heritage Act. in the past ABL has acted for YYNAC in establing new corporate structures and in seeking tax concessions on its behalf, to enable the YYNAC to leverage off hard fought and win traditional owner rights.

The Lowitja Institute

Act on behalf of the Lowitja Institute in relation to a range of matters, including providing ongoing strategic advice on commercial agreements between the Lowitja Institute, the government and interested parties, and advising on corporate governance.

Wantok Musik Foundation

Assist with governance issues and in relation to artists’ contracts that focus on empowering the artists.

Other features

Public policy formulation

Our lawyers apply legal research, analytical and writing skills to assist in public policy formulation. They also serve as board members on numerous community organisations, from the arts and higher education to advanced scientific research.

Taxation

We advise charitable and not-for-profit organisations on the most tax-effective corporate structures and help them to prepare submissions to the Australian Taxation Office seeking charitable and not-for-profit status.

Litigation

Our team has experience in a range of test case disputes, including property, employment and human rights issues, particularly in relation to racial and other forms of discrimination, including the recent seminal case of Haile Michael and Others ats Victorian Commissioner of Police and Others, in which we acted on behalf of the complainants as co-advocates with Flemington Kensington Community Legal Centre.

We represent our public interest law clients in all jurisdictions, including State, Federal and High Court jurisdictions.

Arnold Bloch Leibler is “extremely supportive of our work and respectful of our community.”

Client quote, Chambers Asia Pacific

Key clients

Arnold Bloch Leibler acts for more than 150 not-for-profits and community causes on a pro bono basis, comprising clients active in the cultural, health, religious, Indigenous and environmental sectors across a range of public interest law issues. Some examples of organisations we work with include: