The Property & Native Title practice group provides specialist advice and representation to agencies in relation to:
- complex property law transactions, which includes facilitating acquisitions, purchases and sales of land; preparing and advising on leases, licences, easements, covenants and similar dealings; and undertaking Land Registry Services/PEXA settlements and lodgements
- property litigation, including Land and Environment Court compulsory acquisition and land valuation appeal matters
- Crown land, including identification and management of Crown land and compliance with the Crown Land Management Act 2016
- native title law and Aboriginal land rights matters, including Federal Court representation in relation to claims and advice in relation to Indigenous land use and Aboriginal land agreements, and State action that may impact claim
- legislative principles relating to the extinguishment of native title rights and interests and advice in relation to particular parcels of land
- statutory interpretation in the context of property law, native title and Aboriginal land rights.
Key areas of expertise: real property law and transactions; native title; Aboriginal land claims; Crown land; land valuation; compensation appeals.
Examples of our work for clients
- Acting for Sydney Metro in the Land and Environment Court and Court of Appeal, concerning whether compensation was payable under the Land Acquisition (Just Terms Compensation) Act 1991 for the compulsory acquisition of substratum resulting in objectively trivial disturbance arising from the construction of underground rail facilities (Sydney Metro v Expandamesh Pty Ltd [2023] NSWCA 200).
- Assisting with the implementation of the NSW Government’s Shared Equity Home Buyer Helper pilot for key workers and other targeted participants.
- Acting for the Attorney General as the State Minister for native title in NSW, and advising other government agencies, in relation to all native title claimant applications. This included finalising a claim by the Wongkumara People in relation to land in far north-western NSW (and south-west Queensland). This involved long term negotiation and collaboration between government agencies, native title holders and their representatives, Aboriginal land councils and third parties such as local councils, and preparation of indigenous land use and Aboriginal land agreements.
Contact us
