Tess Birch is a senior associate in our planning, environment and first nations practice
Tess' work focuses on First Nations land access law and agreement making, major project approvals and regulatory compliance. She works nationally, with particular expertise in Victoria, New South Wales, South Australia and Western Australia.
Tess acts for government, Traditional Owners and private sector clients, in renewables, mining, oil and gas, telecommunications, power and utilities, rehabilitation, planning and heritage. She has a strong focus on project and stakeholder management and regularly assists clients to engage with stakeholders to ensure the seamless delivery of projects.
Tess has particular interest in the areas of complex native title and land access negotiations, agreement making, cultural heritage management and incident response, mine rehabilitation and emerging industries such as hydrogen and offshore wind.
She has experience managing large litigation, including in the Victorian Civil and Administrative Tribunal, Planning Panels Victoria and Heritage Council.
Latest thinking
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Legal development
Treaty update – full steam ahead in some jurisdictions, while others wind back progress
09 Sep 2025
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Legal development
Native Title Year in Review 2023-2024
We are once again delighted to publish our ninth annual Native Title Year in Review.
18 Jun 2024
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Legal development
Next generation good faith issues – Gomeroi v Santos appeal
18 Jun 2024
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Legal development
High price of poor conduct – unreasonable conduct risks costs order
13 Jun 2024
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Legal development
NSW Court clarifies meaning of "lawfully used or occupied" in Aboriginal Land Rights Act
12 Jun 2024
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Legal development
Director of National Parks criminally liable for breaches of Aboriginal Sacred Sites Act
12 Jun 2024
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Legal development
Federal Court confirms river mouth can be granted under ALRA
12 Jun 2024
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Legal development
Other matters to watch out for in 2024-2025
12 Jun 2024
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Legal development
Full Court considers connection but High Court to have final word
11 Jun 2024
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Legal development
Federal Court makes negative determination of native title
07 Jun 2024
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Legal development
Non-claimant applications: A cautionary tale of tenure
06 Jun 2024
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Legal development
Doctrine of frustration considered for native title agreement
06 Jun 2024
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