Description
Attend and earn 1 CPD hour 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
Native Title Compensation: Lessons from Yindjibarndi, Timber Creek and Yunupingu
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, Barrister, Francis Burt Chambers
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.
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 important native title determination trials and appeals that include 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 is applied to her position as the 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 Kilpatrick is a barrister who specialises in Aboriginal title and legal issues including native title, heritage protection, land administration, corporation, contract and mining law. Sophie joined the Western Australian Bar in 2024. Prior to joining the bar, Sophie ran a private practice for 12 years and worked at the Goldfields Land and Sea Council. Sophie 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, dispute resolution and agreement making. She enjoys working collaboratively with clients and co-workers and exploring creative and practical solutions to complex legal problems.