A highlight on the legal calendar, this conference continues to sell out year after year—and with good reason. Bringing together leading barristers, tribunal experts and respected community voices, it offers unparalleled insight into the evolving native title landscape. From major case law developments and compensation claims to future acts, ILUAs, cultural heritage, and mining negotiations, the programme tackles the most pressing issues facing practitioners today. If you work in or around native title, this is the one event you can’t afford to miss this.
Attend and earn 7 CPD points in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Daniela Tonon, Director, Daniela Tonon Legal; 2025 Best Lawyers™ in Australia for Native Title Law, Mining Law, Natural Resources Law and Water Law; Lawyer of the Year for Water Law in Perth
Presented by Charne Hayden, Traditional Owner of Whadjuk Matriarchal Boodjarah - Mothers Country
Panellists:
Clare Lawrence, Partner, Ashurst; Leading lawyer in Native Title, Chambers Asia-Pacific and Legal 500; Native Title Lawyer of the Year (Melbourne) Best Lawyers 2023
Melissa Watts, Principal, M Watts Legal; Recommended Native Title Lawyer Australia, Doyle's Guide 2023; Lawyer of the Year – Native Title Perth, Best Lawyers Australia 2022 and 2018. Chambers and Partners Asia Pacific Region 2025 Ranked Lawyer in Native Title.
Kat Perincek, Special Counsel, DLA Piper Australia; Chambers and Partners Asia Pacific Region 2025 Ranked Lawyer in Native Title: Proponents
- Understand the types of evidence required by the NNTT in matters before them to achieve optimal outcomes:
- Future Act Inquiries
- Registration of ILUAs
Presented by Madeline Quirk, Members Advisor, The National Native Title Tribunal and David Hinder, Manager, Legal and Compliance, The National Native Title Tribunal
- Examine assumptions and preconceptions that underpin much of the starting point non-native title parties bring to the table when seeking to commence negotiations towards agreement making
- Draw on recent experience, and receive suggestions for more creative approaches that can improve agreement outcomes
Presented by Rewi Lyall, Chief Executive Officer, Yued Aboriginal Corporation
- Navigate the interaction of ILUA based Heritage Agreements and the Approval requirements of the Aboriginal Heritage Act 1972 (AHA)
- Examine the changing role of engagement with Native Title Parties under the amended AHA
- Together with members of the Aboriginal Cultural Heritage Committee, Dr. Debbie Fletcher and Denzyl Moncrieff, you will discuss:
- how the Committee considers s18 applications and site assessments
- how the Committee’s work is proceeding post the introduction of the amended 1972 Aboriginal Heritage Act
Presented by:
Glenn Shaw, Manager, Partnerships and Agreements, Heritage and Property Services, Department of Planning, Lands and Heritage
Dr Debbie Fletcher, Director, FACS; Member of the Aboriginal Cultural Heritage Committee
Denzyl Moncrieff, Member of the Aboriginal Cultural Heritage Committee
Since June 2024, there have been 46 published decisions by the Federal Court in its Native Title practice area plus decisions of other courts with a connection to native title. The High Court recently handed down Commonwealth of Australia v Yunupingu [2025] HCA 6.
Justin Edwards SC will give you a survey of native title decisions in the last 12 months and discuss in a little detail some of the more significant non-native title compensation related decisions, including:
- Moriarty v Nye [2024] NSWCCA 116
- Karajarri Traditional Lands Association (Aboriginal Corporation) RNTBC v State of Western Australia [2024] FCA 1114
Presented by Justin Edwards SC, Francis Burt; Leading Junior Counsel, Native Title Barristers, Doyle's Guide 2024
When Justice Burley reserved judgment in Yindjibarndi Ngurra Aboriginal Corporation v State of Western Australia & Fortescue Metals Group native title compensation claim (Yindjibarndi claim) on 26 February 2025, the High Court decision in the Commonwealth v Yunupingu (on behalf of the Gumatj Clan or Estate) & Ors [2025] HCA 6 (Yunupingu) had not been delivered. Yunupingu, which is essentially a Constitutional case, was handed down on 12 March 2025. At that time, only one native title compensation case had been decided by the High Court; Northern Territory v Griffiths (2019) 269 CLR 1 (Timber Creek). Timber Creek gave some guidance to lawyers on how compensation, for both future and past acts affecting native title, could be calculated by bifurcating the values of loss into economic and non-economic (spiritual) loss.
Explore how those who presented the Yindjibarndi claim received little guidance from Timber Creek or the Full Court in Yunupingu due to the facts and circumstances being so different.
- Explore how and why all three cases are very different despite being part of the slow and incremental jurisprudence regarding native title compensation claims
Presented by Tina Jowett SC, Francis Burt Chambers and 6 Windeyer Chambers; Recommended Senior Counsel, Native Title Barristers Australia, Doyle's Guide 2025 and Sophie Kilpatrick, Francis Burt Chambers
- Native title and taxation: some core concepts
- Taxation of compensation determinations and settlements
- Taxation of benefits under future act agreements
- Native title and GST
- Taxation liabilities of benefits management structures and recipients
Presented by Stephen Wright SC, Francis Burt Chambers; Leading Senior Counsel, Native Title Barrister Australia, Doyle's Guide 2025
Chair: Dr. Allison Cohen, Heritage & Native Title Manager, Horizon Power
Mining agreement negotiations are becoming increasingly complex as stakeholders navigate evolving legal, socio-economic, and environmental landscapes.
- Explore these negotiations from two distinct perspectives—the Native Title Party and the Proponent—highlighting the unique challenges, strategies, and dynamics each side brings to the table and the opportunities to be seized
- Examine how both parties approach negotiations, focusing on emerging trends, key tensions, mutual interests, and the factors influencing decision-making processes
Presented by Rob Houston, Managing Director and Principal Lawyer, Houston Legal, Bruce Rudeforth, Senior Associate, Houston Legal and Abbey Shillingford, Manager Native Title, Mineral Resources Limited
Daniela Tonon, Director, Daniela Tonon Legal
Dr. Allison Cohen, Heritage & Native Title Manager, Horizon Power
Presenters
Daniela Tonon, Director, Daniela Tonon Legal
Daniela Tonon Legal was established in July 2017. Daniela has over 25 years’ experience providing strategic advice to the resources, energy, infrastructure and government sectors in relation to stakeholder engagement & communication, land access & statutory approvals, native title & Aboriginal heritage, water regulation & policy, compliance & due diligence and corporate governance. Daniela is recognised in the 2025 Edition of The Best Lawyers™ in Australia for Native Title Law, Mining Law, Natural Resources Law and Water Law and was awarded Lawyer of the Year for Water Law in Perth. Daniela was also recommended in 2022 Doyle’s Guide Leading Native Title Lawyers (Project Proponent Representation) – Australia. Over the past 25 years, Daniela has thoroughly enjoyed unique opportunities to engage with project proponents and Traditional Owners to assist them to foster effective relationships. Daniela is currently involved in negotiating and drafting a number of agreements for projects of State significance.
Clare Lawrence, Partner, Ashurst
Clare specialises in Indigenous land law and major project approvals. She works nationally, focusing on native title, Indigenous cultural heritage and the State and Territory based land rights schemes. She acts for government, Traditional Owners, and private sector clients across all industries that require access to land. Her work takes her from remote sites to board rooms, as poor management of Indigenous heritage protection has emerged as a key business risk. Clare continues to cement her status as a market leader in this space by contributing to the reform of key legislation in the field, and spearheading Ashurst's native title thought leadership and seminar programs, which includes Ashurst’s annual publication, Native Title Year in Review. She is ranked as a leading lawyer in Native Title by Chambers Asia-Pacific and Legal 500, and in 2023, was recognised by Best Lawyers as Native Title Lawyer of the Year (Melbourne). In the Ashurst Melbourne Office, Clare is a Reconciliation Champion working to deliver the outcomes from Ashurst's stretch Reconciliation Action Plan in the Victorian context.
Kat Perincek, Special Counsel, DLA Piper Australia
Katherine advises on a range of land access issues and has particular expertise in native title, indigenous heritage and indigenous corporate governance. Her clients have included mining and exploration companies, electricity providers and local government. She was recognised as an "Associate to Watch" by Chambers and Partners for Native Title (Proponents) in 2018 and has been described as a lawyer who "…attracts notice as an impressive "up-and-comer" on the Perth scene with a "very solid native title pedigree…". Katherine has previously acted as in-house counsel for the Western Desert Lands Aboriginal Corporation and as a Legal Officer in the Native Title Unit for the Ngaanyatjarra Council Aboriginal Corporation.
David Hinder, Manager, Legal and Compliance, The National Native Title Tribunal
Dr. Allison Cohen, Heritage & Native Title Manager, Horizon Power
Dr Allison Cohen has over 25 years of experience working in Indigenous affairs, particularly the Native Title space. Her expertise includes strategic planning, policy development, and stakeholder engagement. She has held positions in government, private sector, and an Aboriginal Corporation, working in regions such as Kimberley, Pilbara, Goldfields, and Mid-West. She holds a PhD in Political Geography from the University of Melbourne titled Geographical analysis of the interaction between resource development and Native Title, and a Bachelor of Science in Geography from James Cook University. Her background in political geography allows her to look at the bigger picture of people and places. She is dedicated to fostering open, honest, fair, and reasonable relationships among parties because she feels it is from that position, we can all move forward. Currently, as the Manager of Heritage and Native Title for the Pilbara Green Link Project at Horizon Power, she leads a team engaging with Traditional Owners about Heritage, social surrounds, and Native Title.
Rewi Lyall, Chief Executive Officer, Yued Aboriginal Corporation
Denzyl Moncrieff, Member of the Aboriginal Cultural Heritage Committee
Denzyl was appointed to the Aboriginal Cultural Heritage Committee in November 2023. He is a Yamatji-Nyoongar man who was the first Aboriginal male to complete a Bachelor of Science in Applied Geology from Curtin University and he also holds a post-graduate Certificate in Executive Management and Development from the Australian Graduate School of Management. He has had a diverse career working in resources, academia and government sectors, providing him with experience in the corporate space while working with Aboriginal people and communities from across the state, where he is known for fostering meaningful relationships with Traditional Owners, communities, and organisations.
Glenn Shaw, Manager, Partnerships and Agreements, Heritage and Property Services, Department of Planning, Lands and Heritage
Bruce Rudeforth, Senior Associate, Houston Legal
Bruce Rudeforth is a proud Yawuru Traditional Owner who combines his own commercial experience with his legal expertise to support clients across matters in commercial law, land access, native title and corporate social responsibility and ESG. Bruce specialises in representing his clients in commercial negotiations with resource proponents and has successfully negotiated many land access and cultural heritage agreements in the Kimberley, Goldfields, Midwest and Goldfields regions. Bruce also has significant experience advising clients on governance matters including compliance matters under the Corporations Act, directors' duties, and optimal board practices. His extensive legal practice spans corporate, contract, energy and resources, native title, and property law, providing invaluable insights and guidance on complex matters concerning the Native Title Act 1993 and the Corporations (Aboriginal and Torres Straits Islander) Act 2006.
Melissa Watts, Principal, M Watts Legal
Melissa has more than 20 years’ experience practicing in relation to all aspects of resources and land access law, native title and Aboriginal heritage issues. She holds degrees in Law and Commerce from Murdoch University. She was admitted to the Supreme Court of Western Australia and High Court of Australia in 2004. Formerly a partner at a Western Australian law firm, Mel established her own firm, M Watts Legal in August 2013, where she represents a broad range of clients, from traditional owner groups to major mining/petroleum companies, State Government agencies, pastoralists and industry groups. Mel regularly appears in the National Native title Tribunal Federal Courts and Warden’s Court, as well as providing general legal and strategic lead negotiator services. Mel is recognised both locally and internationally as a leading native title lawyer. Mel has been twice recognised as “Lawyer of the Year – Native Title Perth” in the Best Lawyers in Australia – (2022) and (2018). She is currently recognised by Best Lawyers in the practice areas of Native Title Law, Litigation, Mining and Natural Resources Law, Mel was ranked by Chambers and Partners Asia Pacific Region in 2024 in the practice area of native title.
Madeline Quirk, Members Advisor, The National Native Title Tribunal
Tina Jowett SC, Francis Burt Chambers and 6 Windeyer Chambers
Tina Jowett SC has been briefed in numerous native title trials, appeals and advice work for over 20 years. Tina is ranked as a recommended senior counsel in Doyle’s Guide and as a Band 2 senior counsel in the Chambers and Partners rankings. Tina has appeared in Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People (2019) 273 FCR 350; CG (Deceased) on behalf of the Badimia People v State of Western Australia (2016) 240 FCR 466; Banjima People v State of Western Australia (2015) 231 FCR 456; Blackburn v Wagonga Local Aboriginal Land Council (2021) 287 FCR 1; Wyman on behalf of the Bidjara People v State of Queensland (2015) 235 FCR 464; Stuart v South Australia [2023] FCAFC 131; Mace v State of Queensland (2019) 274 FCR 41; and Bodney v Bennell (2008)167 FCR 84. She has appeared for, or has advised, most Australian Native Title Representative Bodies, a number of government parties and mining proponents, and has been briefed to appear in all States and Territories. Tina also appears before the High Court in native title appeals. More recently, Tina has appeared and advised in compensation claims including the controversial Yindjibarndi Ngurra Aboriginal Corporation v State of Western Australia and Fortescue Metals Group trial. Tina’s expertise in native title issues assists her in her appointment as General Editor of Australia’s only native title quarterly publication: LexisNexis’s Native Title News. She also regularly presents at Legalwise seminars and trains lawyers and anthropologists at the Australian Institute of Aboriginal and Torres Strait Islander Studies workshops. In 2009, Tina was recognised by the NSW Women’s Lawyers’ Association as their ‘Woman Lawyer Advocate of the Year’. She was also a member of the NSW Equal Opportunity Tribunal from 1993 to 2003.
Sophie Kilpatrick, Barrister, Francis Burt Chambers
Sophie specialises in native title and Aboriginal heritage and corporations matters and has predominantly practiced in these areas for over 15 years. Sophie also practices in agreement making and contract law, mining law, land law and public law and has experience in the Federal Court of Australia, National Native Title Tribunal, District Court of Western Australia and the Western Australian Mining Warden’s Court. Sophie has achieved success for her clients through litigation and dispute resolution. She enjoys working collaboratively with clients and co-workers and exploring creative and practical solutions to complex legal problems.
Stephen Wright SC, Francis Burt Chambers
Stephen Wright is an experienced barrister who specialises in native title, taxation, trusts and mining law. Stephen joined the Western Australian Bar in 2010 and was appointed senior counsel in 2017. Prior to joining the Bar he was a Judge’s associate, a commercial litigator at Malleson, worked for 11 years at the Western Australian State Solicitor’s Office, and had his own private practice. Stephen has a wealth of experience in native title related issues dating back to 1996. He is a leading native title barrister, having been counsel in many native title claims and in ‘future act’ litigation and arbitrations at all levels, and more recently in compensation claims. He represents native title parties and representative bodies, government and mining interests. He is also an experienced and effective negotiator having provided advice and representation to various parties involved in numerous ILUA and other native title agreement negotiations, including in relation to the establishment of benefits management (trust) structures and taxation issues. Stephen also provides stamp duty and other tax advice (including income tax and GST) and appears in tax cases in the Court of Appeal (WA), Federal Court, and State and Commonwealth Tribunals.
Dr. Debbie Fletcher, Director, FACS; Member of the Aboriginal Cultural Heritage Committee
Debbie was appointed as a member of the Aboriginal Cultural Heritage Committee in September 2022. She has held numerous senior positions in State and Commonwealth governments over the last 30 years in the fields of native title, Aboriginal affairs and land access and holds a PhD in history and anthropology. Debbie works as a consultant and is an Independent Director on the Boards of the South West Aboriginal Land and Sea Council, Wajarri Yamaji Aboriginal Corporation and The Keeping Place.
Rob Houston, Managing Director and Principal Lawyer, Houston Legal
Rob is a driven and committed legal professional and strategic advisor with extensive experience dealing with all aspects of native title, commercial law, resource development law and regional development policy. Rob has previously held various senior management and legal positions at Nyamba Buru Yawuru, KRED Legal/KRED Enterprises and the Kimberley Land Council and since 2016 has operated his own legal and consulting practice advising clients across Western Australia for almost 10. Rob also has a Masters in Mineral Law and Policy at Dundee University, where he was awarded the Dean’s Medal and sits on the board as an independent director of the Robe River Kuruma Aboriginal Corporation RNTBC. Before moving into practice as a native title lawyer, Rob worked for 5 years in Sydney and London in corporate finance and tax consultancy. Rob's expertise lies in negotiating and finalising large-scale and complex land access and land management agreements and working with his clients to support the delivery of their strategic objectives and enhance economic outcomes. With a strategic mindset, Rob excels in providing comprehensive advice and representation on native title, commercial law, resource development law and carbon/environmental law and has acted on many significant transactions, land use agreements and negotiations for clients across Western Australia.
Abbey Shillingford, Manager Native Title, Mineral Resources Limited
Abbey Shillingford is a proud Ngarluma and Yindjibarndi woman from the Pilbara, Western Australia. Abbey has a wealth of experience in the field of law, particularly in areas related to native title, heritage, environment, alternate dispute resolution, and working with Aboriginal communities. Since being admitted to practice law in 2009, Abbey has gained experience in the community legal sector, native title representative bodies, private practice, government, and is currently working in the industry and resource sector. Abbey recognises the significance of the role she plays in advocating for Aboriginal rights and contributing to the development and implementation of strategies that promote positive outcomes for Aboriginal People and communities. Abbey’s vision is to see strong, prosperous Aboriginal communities where Traditional Owners are empowered in their decision making guided by lore and culture and complimented with respect and integrity. Abbey prides herself when it comes to building mutually beneficial relationships with Traditional Owners and resource companies, having been on both sides of the table throughout her career. Abbey’s career path demonstrates her dedication and passion for making a difference in the lives of others.
Charne Hayden, Traditional Owner of Whadjuk Matriarchal Boodjarah - Mothers Country
Justin Edwards SC, Francis Burt Chambers
Justin practices in all areas of native title. Except for a short period in commercial litigation, he has mostly practiced in the area and acted for First Nations clients. Justin started as an articled clerk for Yamatji Marlpa Aboriginal Corporation at its Karratha office in 2004. He went to the WA Bar in 2012 and took silk last year.