Native Title & Public Interest Law

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. And in 2019, our RAP Committee was renamed the Arnold Bloch Leibler Indigenous Solidarity Network (AISN).

“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

Public Interest Law

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

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 Arnold Bloch Leibler, 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.

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

Our 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, sporting, health, religious, Indigenous, environmental and arts sectors across a range of public interest law issues. Some examples of organisations we work with include:

How we can help

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

Some of the other areas we advise our public interest clients on include:

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.

Indigenous Solidarity

Our standing as a leading Australian law firm has been built and nurtured for 70 years. Many of the values, characteristics and defining qualities from the early years continue to shape Arnold Bloch Leibler today.

A commitment to serving the community and causes that matter to our clients and to us has always been deeply ingrained in Arnold Bloch Leibler’s culture. For nearly 30 years, we have worked with Aboriginal and Torres Strait Islander communities, often pro-bono, ensuring that our dedication to Indigenous causes will always be a source of pride for our firm.

See some of our experience representing Indigenous representative organisations below.

The Lowitja Institute

Advising on a broad range of commercial matters and general contract reviews. Our team also assists in reviewing and drafting funding contracts – with a focus on intellectual property, including protecting the intellectual property of Indigenous owners.

First Australians Capital

Advising on commercial, insolvency and banking aspects relevant to the Indigenous businesses they support. Our team continues to advise on the development and structuring of the ‘FAC Fund’.

Baluk Arts

Advising on workplace employment issues to navigate significant staffing changes, as well as assisting in the development of its corporate structure to represent its role in the landscape of Aboriginal organisations.

Munarra Centre for Regional Excellence

Advising on corporate governance, charitable tax concessions and leasing arrangements.

Nairm Maar Djambana Inc

Assisting on governance matters including a review of membership eligibility, working through complex questions of identity and representation.

Ramahyuck District Aboriginal Corporation

Assisting on the development and assessment of its renewable energy project, advising on various agreements required for a solar farm development and providing advice on governance issues.

Country Needs People

Assisting in the official charity registration and have assisted in developing policies, procedures and employment agreements.

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''They have been able to provide not only legal advice but advocacy and partnership in the delivery of their work.''

Client quote

Native Title & Land Rights

Arnold Bloch Leibler’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.

See some of our native title and land rights experience below.

Yamatji Marlpa Aboriginal Corporation

Assisting with regulatory compliance, native title claims, negotiating land use agreements and assisting with heritage protection services, and community, economic and environmental projects.

Yorta Yorta Nation Aboriginal Corporation

Advising on all aspects of its work, including its Registered Aboriginal Party status under the Aboriginal Heritage Act. Our team also advised on establishing new corporate structures and in seeking tax concessions, as well as negotiating with the Victorian Transport Portfolio in relation to their draft Aboriginal Self-Determination plan over the whole of Yorta Yorta country.

Eastern Maar Aboriginal Corporation

Advising on native title and cultural heritage related matters including appearing before the Victorian Civil and Administrative Tribunal in relation to Cultural Heritage Management Plan requirements and processes.

Greening Australia

Advising on proposal to divest ecologically significant land to an Aboriginal landholding entity, requiring sensitive advice and due diligence in relation to native title holding groups.

Trust for Nature

Acting on behalf of Trust for Nature in relation to proposed divestment of land subject to Trust for Nature Conservation Covenants, involving native title, governance, tax, charity law, contractual and property advice.

CSIRO and Djalkiripuyngu communities

Advising on the partnership between Djalkiripuyngu communities and CSIRO to plan development on the coastal country. This included translating non-Indigenous legal concepts for Indigenous elders and addressing native title holder’s needs within the confines of Australian intellectual property law.

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