First Nations reconciliation and racial equity

The Towards Truth Project is a ground-breaking collaborative partnership of the Justice and Equity Centre and the Indigenous Law Centre at the University of New South Wales (UNSW). The project aims to provide practical foundational support for the truth-telling processes as called for in the Uluru Statement from the Heart. 

The Towards Truth project supports truth-telling by developing a publicly accessible database that allows individuals, communities, and organisations to understand what laws and policies were in place affecting First Nations people since 1788. The database currently covers New South Wales, with plans to expand to other jurisdictions.

Herbert Smith Freehills is proud to have been a key pro bono partner for Towards Truth since 2019. More than 200 HSF lawyers and researchers from across Australia have supported the Towards Truth project by providing legal research and analysis of legislation and policy that has discriminated against or otherwise impacted upon First Nations peoples’ lives throughout Australian history (ie from 1788 to present day). HSF's work has traversed topics including: prohibition of alcohol, dispossession and appropriation of land, Aboriginal Land Rights, water rights, participation in democracy (eg voting, elections), forced removals, and life on Missions and Stations.

Kishaya Delaney (Pro Bono Solicitor), Professor Megan Davis, Jonathon Hunyor (Justice and Equity Centre CEO), and Corey Smith (Towards Truth Project Coordinator). Photo: Keith Saunders

Towards Truth launch event at HSF’s Sydney office. Photo: Keith Saunders

Jonathon Hunyor (Justice and Equity Centre CEO), Kishaya Delaney (Pro Bono Solicitor), Professor Megan Davis and Corey Smith (Towards Truth Project Coordinator). Photo: Keith Saunders

We have long been committed to advancing a culture of partnership and reconciliation with Aboriginal and Torres Strait Islander peoples in Australia.

In 2011, we launched our first of four Reconciliation Action Plans (RAPs). Our two most recent RAPs received ‘Elevate’ status – the highest level of leadership endorsement by Reconciliation Australia.

In line with our 10 Actions for Change, First Nations reconciliation and justice remain core focus areas of our pro bono practice in Australia. Lawyers from across our Australian offices provide pro bono support to a wide range of First Nations organisations including: DeadlyScience, Kinchela Boys Home Aboriginal Corporation, Yalari and First Hand Solutions Aboriginal Corporation.

Herbert Smith Freehills is proud to support the inspiring work of DeadlyScience, Australia’s leading Indigenous STEM charity.

DeadlyScience provides STEM resources and innovative learning experiences to over 800 regional and remote schools and community organisations across Australia. DeadlyScience is creating STEM equity for Aboriginal and Torres Strait Islander learners. The firm has been there every step of the way for DeadlyScience, providing pro bono legal assistance since 2020. Our Charity Law team first assisted with the organisation’s incorporation and charity registration. Since then, HSF teams across Australia have advised DeadlyScience on several pro bono matters.

For example, our Intellectual Property team supported DeadlyScience to successfully take down third-party merchandiser websites selling counterfeit merchandise featuring the ‘DeadlyScience’ logo without authorisation. This work has enabled the DeadlyScience team to focus on delivering their important services to the community and growing their organisation. 

Herbert Smith Freehills has a long history of providing advice and advocacy to survivors of the Stolen Generations. As part of this work, we have supported Kinchela Boys Home Aboriginal Corporation (KBHAC), a not-for-profit organisation dedicated to helping restore and reconstruct the identity, dignity and integrity of Aboriginal men who were forcibly removed from their families and placed in Kinchela Boys Home (KBH). For example, we assisted KBHAC in drafting the organisation’s constitution and governance documents, helping to embed and reflect trauma-informed and culturally safe principles.

Uncle Michael ‘Widdy’ Welsh from KBHAC sharing his story at our Sydney office.

HSF is committed to supporting organisations dedicated to making education more accessible to First Nations children. Organisations we assist include Yalari, which offers education scholarships for First Nations children from regional and remote communities. We have also been providing pro bono legal assistance to Yalari since the organisation’s establishment. HSF’s pro bono advice for Yalari helps them to develop partnerships and allows the organisation to grow and expand its reach.

First Hand Solutions Aboriginal Corporation aims to build empowered, resilient Indigenous communities through three signature cultural projects: Blak Markets, IndigiGrow and the National Indigenous Art Fair. We have proudly supported each of these projects on a pro bono basis.

Some highlights of our longstanding relationship with First Hand Solutions include:

• We established First Hand Solution Aboriginal Corporation on a pro bono basis in 2012 and provided a scholarship to support founding Director Peter Cooley’s Graduate Certificate in Social Impact at UNSW.
• We registered trademarks and helped negotiate licensing agreements with NSW National Parks and Wildlife for Blak Markets to operate at Bare Island, La Perouse.
• We provided employment advice for IndigiGrow to support the growth of the organisation and people management.
• We provided sponsorship and capacity building support for artists attending the 2023 National Indigenous Art Fair.

In collaboration with other law firms, HSF assisted with the development and launch of the Black Equity Organisation (BEO) – a new national and independent civil rights organisation created to advance justice and equity for Black people in Britain.

The BEO was founded by some of the UK's most influential Black leaders from the worlds of business, law, arts and social justice including Dame Vivian Hunt (Chair of Trustees), David Lammy MP, Karen Blackett OBE, David Olusoga and Kwame Kwei-Armah OBE.

BEO takes an evidence-based approach in promoting economic, political, and social equity for Black communities in Britain in order to ensure equal opportunity for progress and prosperity.

Partnering with organisations in the private, public and non-profit sectors to address issues of structural racism, BEO aims to tackle six key mandates. These focus on economic empowerment, justice, culture, education, housing, and health. The charity will also empower Black-owned businesses and entrepreneurs with funding and support and will engage in strategic litigation where appropriate.

We worked alongside firms Allen & Overy, Ashurst, Clifford Chance, Freshfields Bruckhaus Deringer and Slaughter and May, collectively providing strategic, financial, and advisory support as part of the commitment to tackling systemic racism and building alliances in the UK.

Lara Nassif (Pro Bono Counsel), Timi Okuwa (CEO of BEO), Matteo Yoon (Pro Bono Senior Associate) at a reception HSF hosted on behalf of BEO.

StopWatch uses their research into stop and search outcomes to act against disproportionality and injustice. This involves campaigning for evidence-based policies, challenging police malpractice, and empowering overpoliced communities to seek solutions for instances of personal harassment and abuse.

We have provided pro bono support to StopWatch in a number of areas, including charity law training for its trustees, contract law advice, and legal research – conducted in collaboration with a team of in-house lawyers from another client of the firm - that will help inform StopWatch's strategic priorities.

Kick It Out is a leading anti-discrimination charity that aims to eliminate discrimination of all forms, both on and off the sports field. We are a proud and longstanding partner of Kick It Out, providing pro bono assistance across a range of topic areas, including charity law, data protection, commercial contracts, and employment.

On the data protection side, for example, we have provided advice on data sharing agreements between the charity and various stakeholders in football to help football clubs and authorities better understand how to capture, report and address instances of discrimination more effectively.

We have also supported Kick It Out on contracts that help the charity to not only fund its frontline service offering, but also deploy those services more broadly across the UK and to evolve its public brand. In particular, we have provided advice on partnerships and programmes falling within the charity's "Raise Your Game" initiative as well as supported on technology agreements for the build of Kick It Out's rebranded website.

Stephen Lawrence Day Foundation is a charity working at the forefront of anti-racism, equality and inclusion work in the UK.

Being a high-profile charity working in this area, they were keen to ensure that, in their contractual dealings with counterparties, they were inspiring change and high levels of ethical conduct.

Accordingly, we have been engaged by them to draft both backward-looking warranties, and forward-looking undertakings, to encourage anti-racist behaviour, inclusive practices, and high levels of ethical standards with several of SLDF's key contracting counterparties.

For charities working in this space, there is a heightened reputational risk to dealing with counterparties who do not have inclusive and diverse practices. Accordingly, our advice in this area has been of critical importance to them.