Phone - Heather Harbon
(02) 9235 3100
clerk6@windeyerchambers.com.au
Fax
(02) 9223 3929
Address
Level 6, 225 Macquarie Street,
Sydney, NSW 2000
DX 854 Sydney
Office Hours
Monday to Friday
8.30am to 5.30pm
May 2026
Sixth Floor Windeyer Chambers congratulates Vance Hughston SC and Tina Jowett SC on their success in representing the Yindjibarndi Ngurra Aboriginal Corporation RNTBC in Yindjibarndi Ngurra Aboriginal Corporation RNTBC v State of Western Australia (No 2)[2026] FCA 585, decided by Burley J on 12 May 2026.
Vance and Tina appeared together with Justin Edwards SC of Francis Burt Chambers in Perth, and were instructed by Simon Blackshield of Blackshield Lawyers.
The case is a landmark in Australian Native Title law - the first to determine compensation foe 'future acts" under the Native Title Act 1993 (Cth) involving large scale mining operations. The Yindjibarndi people hold exclusive over part of Pilbara in Western Australia. While their claim to native title was on foot, the State granted mining tenements to Fortescue Metals Group which led to the development of the Solomon Hub Project, a collection of large-scale iron ore mines that commenced operations in 2012 and extends across more than 135 Km squared of the determination area.
YNAC sought compensation exceeding $800 million for economic loss - calculated by reference to a percentage of the Solomon Hub Project's profits - and $1 billon for cultural loss. His Honour rejected a royalty-based approach to economic loss, holding the the freehold value methodology is the correct measure under s 51(3) of the Native Title Act, consistent with the High Court's reasoning in Northern Territory v Griffiths [2019] HCA 7. The total award for economic loss is expected to be in the vicinity of $100,000.
His Honour awarded $150 million for cultural loss - the largest such award in Australian Legal history. The assessment required deep engagement with the spiritual and cultural connection of the Yindjibarndi people to their country and the devastating and significant damage to songlines, burial sites and other places of profound importance to the Yindjibarndi people.
The judgement resolves numerous novel legal issues, including the application of ss 47A and 47B of the Native Title Act to the compensation claim, the interaction between ss 51(3) and 53(1) of the Native Title ACT and ss 123 and 125A of the Mining Act 1978, and the potential application of the Racial Discrimination Act 1975 (Cth). March 2026Craig Lambert appeared for the Third Respondent (the Commissioner for Fair Trading) in Svehla v Svager [2026] FCA 185. Justice Stelllios of the Federal Court delivered judgment on 2 March 2026.
Craig secured summary judgment in favour of the Commissioner, with the Court finding that the applicant's claims - including negligence, breach of statutory duty, and ACL claims - disclosed no reasonable cause of action and had no reasonable prospects of success. The applicant was ordered to pay the Commissioners costs. February 2026Tina Jowett SC appeared on behalf of Queensland South Native Title Services (QSNTS) and successfully secured its joinder a a respondent party in three consolidated non-claimant title title proceedings before Justice Rangiah in the Federal Court of Australia in the matter Georgina Pastoral Pty Ltd v State Minister for the State of Queensland [2026] FCA 127 (20 February 2026). January 2026Three members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide 2026 - Leading Native Title Barristers - Australian
Vance Hughston SC - Market Leader Senior Counsel Tina Jowett SC - Recommended Senior Counsel Charles Gregory - Leading Junior Counsel
For more information Please click here
December 2025Congratulations to Vance Hughston SC & Tina Jowett SC on Rankings in the Chambers Asia-Pacific Guide for 2026.
Vance Hughston SC - Band 1 Native Title: The Bar Tina Jowett SC - Band 2 Native Title : The Bar
June 2025Craig Bolger successfully appeared for the Plaintiff in the Technology and Construction List of the Supreme Court before Stevenson J, in the case Jasara Constructions (Aust) Pty Ltd v George & Irene Pty Ltd [2025] NSWSC 564 (30 May 2025), obtaining summary judgment in the amount of $1,465, 359.05 under the Building and Construction Industry Security of Payment Act 1999 (NSW).
May 2025Kirk Dailly, a long-standing member of Sixth Floor Windeyer Chambers, has been appointed a Magistrate of the Local Court. His appointment commenced on 26 May 2025. Kirk Dailly has practised as a Barrister on Sixth Floor Windeyer Chambers for over 20 years and previously worked as a Senior Police Prosecutor.
January 2025Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2025.
Vance Hughston SC - Preeminent Market Leader Tina Jowett SC - Recommended Senior Counsel Charles Gregory - Recommended Junior Counsel John Waters SC - Recommended Senior Counsel (Retired)
For more information, please click here.
February 2024Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2024.
For more information, please click here.
October 2023On October 24 2023, the Chief Justice of Western Australia, the Hon Justice Peter Quinlan, announced the appointment of six Senior Counsel for 2023, following a rigorous selection process that received 27 applications.
Sixth Floor Windeyer Chambers is delighted to announce that our very own Tina Jowett SC, who currently practices from Francis Burt Chambers and Sixth Floor Windeyer Chambers, has been appointed Senior Counsel.
This recognition is truly well-deserved. Congratulations Tina on this remarkable achievement!
The full list of appointments in WA for 2023 can be found here.
February 2023Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2023.
For more information please click here.
February 2022Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2022.
For more information please click here.
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October 2021On 1 October 2021, the New South Wales Bar Association announced the names of 20 barristers who were appointed Senior Counsel.
Sixth Floor Windeyer Chambers is delighted to announce that our very own John Waters SC has been appointed Senior Counsel in NSW.
Congratulations! A well-deserved achievement.
The full list of appointments in NSW for 2021 can be found here.
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February 2021Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2021.
For more information please click here.
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February 2020Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2020.
For more information please click here.
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May 2019
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February 2019Four members of Sixth Floor Windeyer Chambers are listed in Doyle's Guide, Leading Native Title Barristers - Australia 2019.
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February 2018 | Four members of Sixth Floor Windeyer Chambers are listed in Doyles Guide, Leading Native Title Barristers - Australia 2018.
For more information please click here.
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January 2017 | Four members of Sixth Floor Windeyer Chambers listed in Doyles Guide, Leading Native Title Barristers - Australia 2017.
For more information please click here. ..........................................................................................................................................................................................
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January 2016 | Four members of Sixth Floor Windeyer Chambers listed in Doyles Guide, Leading Native Title Barristers - Australia 2016.
For more information please click here. |
