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Jenny is a Partner in the Planning & Environment group and specialises in the area of native title and Aboriginal cultural heritage law. She has also provided advice to local governments and government owned entities for over 30 years on governance and property issues.

Jenny represents local governments, government corporations, developers, pastoral holders and other public and private entities as respondent parties to the majority of native title claims in Queensland. She also regularly provides advice on the native title and Aboriginal cultural heritage implications of government and private infrastructure projects. 

Jenny is recognised in Doyles Guide as a recommended native title lawyer and is appointed to the Commonwealth Attorney-General’s panel of native title lawyers.


Native Title Proceedings

  • representing respondent parties to the majority of native title proceedings in the Federal Court in Queensland
  • providing technical and strategic advice on how best to protect and preserve a party’s interests in native title proceedings
  • appearing in the Federal Court, at case management conferences, mediations and in private negotiations 
  • negotiating the terms of over 50 consent determinations, indigenous land use agreements and land access agreements as part of the resolution of parties’ interests in native title claims
  • commencing non-claimant applications in the Federal Court, where appropriate
  • representing parties in contested native title hearings.

Native Title Project Advice

  • providing native title due diligence and assessment advice to public and private entities for infrastructure projects and the acquisition and development of land
  • negotiating indigenous land use agreements for the construction of public and private sector infrastructure and development with Traditional Owners, the State of Queensland and other parties
  • advice upon and the preparation of future act notices under the Native Title Act 1993 for the validation of activities that affect native title
  • undertaking and providing advice on tenure history analysis to ascertain whether native title exists or has been extinguished by tenure grants or the constructions of public works
  • making submissions to the State in relation to the native title implications of the offers of tenure grants
  • assisting public entities to compulsorily acquire native title to facilitate projects, where appropriate
  • assisting landowners and purchasers to address the native title implications to freehold State land
  • advice on the native title implications of changing tenures including upgrading pastoral holdings, the dedication of public reserves and the grant of leases
  • facilitating training of management and staff on native title legal compliance requirements.

Aboriginal Cultural Heritage

  • providing advice to public and private proponents of activities and development in relation to addressing their duty of care under the Aboriginal Cultural Heritage Act 2003 (Qld) and Torres Strait Islander Cultural Heritage Act 2003 (Qld)
  • drafting and negotiating Aboriginal cultural heritage management plans and agreements
  • advice in relation to potential or threatened Aboriginal cultural heritage proceedings
  • representing parties in the Land Court
  • facilitating training of management and staff on Aboriginal cultural heritage legal compliance requirements. 

Indigenous Land Dealings

  • advice on land dealings and tenure grants under various relevant indigenous land legislation including the Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, Aboriginal and Torres Strait Islander Land Holding Act 2013 and Aboriginal and Torres Strait Islander (Justice, Land and Other Matters) Act 1984
  • advice on the powers and responsibilities of trustees of reserve land and the transferability of trust land
  • drafting and providing advice on the grant of Aboriginal freehold and home ownership leases under the Aboriginal Land Act 1991, social housing leases under the Housing Act 2003, trustee leases, trustee permits, easements and licenses under the Land Act 1994 and the grant of “Katter” leases under the Aboriginal and Torres Strait Islander Landholding Act 2013.

Government Advisory

  • advising on numerous governance issues including meeting procedures, resolutions, powers and responsibilities of local governments, delegations and authorised person appointments and powers under the Local Government Act 2009.
  • drafting and providing advice on local laws and subordinate local laws.


02 December 2019 - Knowledge

Inside track: Local Government

#Local Government

20 November 2019 - Knowledge

Inside track: Local Government

#Local Government

Submissions are now open on the Commonwealth Government’s draft Drought Resilience Funding Plan. The Plan has been developed as part of the government’s $3.9 billion Future Drought Fund which is aimed at supporting initiatives that enhance the drought resilience of Australian farms and communities as they respond to the impacts of drought.

05 November 2019 - Knowledge

Inside track: Local Government

#Local Government

After a year of to-ing and fro-ing, the Queensland Government has now passed the second wave of local government reforms following from the Crime and Corruption Commission’s Belcarra Inquiry and the Soorley Inquiry.

21 October 2019 - Knowledge

Inside track: Local Government

#Local Government

09 October 2019 - Knowledge

Inside track: Local Government

#Local Government

24 September 2019 - Knowledge

Inside track: Local Government

#Local Government

Are Aboriginal objects on land potentially a defect in title? This question was discussed by the NSW Court of Appeal in Mehmet v Carter. And the short answer is: Yes, Aboriginal objects on land may be a defect in title where they are protected from disturbance under a law.

08 May 2019 - Knowledge

Construction company pleads guilty to harming Cultural Heritage

#Native Title, #Construction & Infrastructure

A recent landmark cultural heritage prosecution in Queensland provides insight into the factors relevant to deciding penalties for harm to Aboriginal cultural heritage.

14 March 2019 - Knowledge

High Court hands down landmark native title compensation decision

#Native Title

The High Court has handed down its decision in the Timber Creek native title compensation claim. In its decision on 13 March 2019, the Court awarded compensation and interest to the native title holders in an amount of approximately $2.5 million dollars.

20 February 2019 - Knowledge

Council fined for destruction of Aboriginal cultural heritage

#Native Title, #Local Government

The NSW Land and Environment Court has fined the Clarence Valley Council $300,000 for the removal of a scar tree in 2016.

07 February 2019 - Knowledge

Federal Court refuses to order that native title does not exist over pastoral holding

#Native Title

A recent decision of the Federal Court has questioned the use of non-claimant applications to secure tenure over land.

20 November 2018 - Knowledge

Court decision questions the status of endorsed parties in Cultural Heritage Management Plan process

#Native Title, #Property & Real Estate

Supreme Court decision in Mirvac orders that CHMP be approved but opens question of loss of Aboriginal party endorsed status.

28 June 2018 - Knowledge

NSW passes on native title compensation


On 1 July, Part 8 of the Crown Land Management Act 2016 (NSW) (the Act) came into effect in NSW. Part 8 has broad implications for councils and other managers of dedicated and reserved Crown land and vested transferrable Crown land relating to native title management.

22 May 2018 - Knowledge

Confusion as indigenous cultural heritage “Last Man Standing Rule” thrown out

#Government, #Property & Real Estate

The Department of Aboriginal and Torres Strait Islander Partnerships (DATSIP) has responded to the Queensland Supreme Court’s decision in Nuga Nuga Aboriginal Corporation v Minister for Aboriginal and Torres Strait Islander Partnerships [i] (the Nuga Nuga Decision) by no longer recognising that the last registered claimants for an area are the Aboriginal party, unless and until a new native title claim is registered or determined.

21 February 2018 - Knowledge

Supreme Court upholds decision that native title is not an obstacle to the grant of leases

#Property & Real Estate

The Supreme Court of Queensland has upheld a decision of the Land Court which will enable the State government to issue leases over land in the Torres Strait and Aboriginal communities...