Marshall is a partner in Gilbert + Tobin’s Disputes + Investigations group.
With extensive experience of native title, environment, planning and other land access issues in addition to intellectual property, privacy and Freedom of Information issues.
Marshall holds a Bachelor of Science (Honours) (1987) and a Bachelor of Laws (Honours) (1991) from the University of Western Australia. He was appointed an adjunct professor of law at the University of Notre Dame in 2010, lecturing in Mining and Petroleum Law. Marshall has also lectured in Equity at that institution and at the University of Western Australia.
Marshall’s experience includes:
- Advising on and executing tenure acquisition for the Chichester Photovoltaic power generation project
- Advising on the significant commercial dispute between Talison Lithium Australia Pty Ltd and Global Advanced Minerals Pty Ltd in relation to the Mineral Rights in respect of the Greenbushes Lithium mine
- Acting for RioTinto Iron Ore in a strategic dispute with a competitor regarding the entitlement to in excess of 30 million tonnes of Ore
- Advising on the extensive disputes (including Supreme and Federal Court litigation and arbitration) between CITIC Ltd and Mineralogy Pty Ltd in relation to the Sino Iron Project
- Advising on the protection and recovery of confidential information and other intellectual property; and enforcement of restraints of trade
- Advising on trust and estate matters involving significant stakeholders (including BHP Billiton Iron Ore, Lee Holdings, Australian Executors)
- Acting in civil proceedings for damages arising out of the Varanus Island explosion
- Acting in significant native title determination matters, including Ward v WA and the Single Noongar claim
- Advising on native title and aboriginal heritage based commercial disputes including limitations on port use and dredging and other infrastructure issues
- Advising on native title future act matters, including being the successful counsel in the watershed case of Holocene v Western Desert Lands Aboriginal Corporation
- Advising the Western Australian Department of State Development on native title and environmental approvals issues for the James Price Point development
Awards and Recognition
Marshall is ranked Band 1 for Native Title.
Marshall is ranked as a leading individual in the Native Title category.
Chambers Asia-Pacific says that one client values his "great insights and in-depth knowledge of the native title and heritage space," while another notes: "He's really outstanding; he is the type of person you can have a five-minute call with and he will be able to give you an answer straight away, and be happy to do so."
Marshall is listed as a Best Lawyer in the areas of Construction/Infrastructure Law, Land Use and Zoning Law, Litigation, Mining Law, Native Title Law and Natural Resources Law.
Marshall was named Lawyer of the Year (Perth) for Native Title Law in 2017 & 2020.
Marshall is recognised as a Preeminent Leading Native Title Lawyer.
Marshall McKenna is described by a client as "very dedicated to outcomes, always good at listening and reflecting key messages." Another client appreciates his "ability to navigate through complex legal positions and find solutions."
Marshall is recognised for Native Title Law.
He commands an enviable market reputation as one of the most prominent and accomplished practitioners in the space, particularly where contentious issues are involved. A client notes that "his strength is that he does not just identify potential issues, but also their solutions."