Marshall McKenna

Biography

Marshall is a partner in our Disputes and Investigations group.

He advises native title holders, claimants, private sector proponents and governments, primarily in the mining and resources, energy and infrastructure sectors. Marshall's unique experience advising parties in all sectors contribute to his reputation as one of the leading specialists in the field in Australia.

Marshall advises on native title, environment, planning and other land access issues in addition to intellectual property, privacy and Freedom of Information issues. He has extensive litigation experience including appearing as counsel in several native title and mining matters, and has also instructed in significant trust remediation matters, enforcement of confidentiality obligations, restraints of trade and employment obligations.

Experience

Marshall’s experience includes advising:

  • In significant native title determination matters, including Ward v WA and the Single Noongar claim.

  • RioTinto Iron Ore in strategic disputes regarding operation of and access to its railway and entitlement to significant bodies of ore.

  • On the significant commercial dispute regarding the mineral rights of the Greenbushes Lithium mine.

  • On the establishment of the James Price Point precinct.

  • On the extensive disputes (including Supreme and Federal Court litigation and arbitration) between CITIC and Mineralogy regarding the Sino Iron Project.

  • Intertek on the protection and recovery of confidential information and other intellectual property, and the enforcement of restraints of trade.

  • Significant stakeholders (including BHP Billiton Iron Ore, Australian Executor Trustee and others) on trust and estate matters.

  • In civil proceedings for damages arising out of the Varanus Island explosion.

  • On native title and aboriginal heritage-based commercial disputes including limitations on port use and dredging and other infrastructure issues.

  • On native title future act matters, including being the successful counsel in the watershed case of Holocene v Western Desert Lands Aboriginal Corporation.

Awards and Recognition

  • Chambers Asia-Pacific 2025

    Marshall is ranked for Native Title: Proponents

  • Best Lawyers Australia 2017, 2020 and 2024

    ‘Lawyer of the Year (Perth)’ for Native Title Law

  • Chambers Asia-Pacific 2022

    Ranked Band 1 for Native Title

  • The Legal 500 Asia Pacific 2022

    Ranked as a Leading Individual for Native Title

  • Best Lawyers Australia (2012 - 2025)

    Recognised as a leading lawyer in the areas of Construction/Infrastructure Law, Litigation, Mining Law, Alternative Dispute Resolution, Native Title Law, and Natural Resources Law