Update: Settlement approved by the Supreme Court of New South Wales
In August 2022, Shine Lawyers on instructions from the lead plaintiff reached a settlement with the Commonwealth in the Northern Territory Stolen Generation Class Action. The settlement is without admission of liability and is subject to approval of the New South Wales Supreme Court.
In April 2023, the Supreme Court of New South Wales approved:
the settlement sum of $50.45 million, and
the Settlement Distribution Scheme, which determines how compensation is to be distributed amongst members of this class action.
Registration for this class action has now closed. If you have any questions, please contact our Northern Territory Stolen Generations Class Action team on 1800 870 342 or at stolengen@shine.com.au.
Proposed settlement of the class action
The Commonwealth has agreed to settle the class action by paying a total amount of $50.45m. We call this the “Settlement Sum”.
The settlement agreement does not take effect unless it is approved by the Court. If it is approved then the people covered by the class action (the group members) will be able to claim a share of the Settlement Sum paid by the Commonwealth Government, if they register according to the procedure described below and are shown to have eligible claims.
Redress Scheme
Since the Stolen Generations Class Action was filed, a Redress Scheme has been implemented by the Commonwealth providing compensation and other support for the Stolen Generations’ survivors.
However, the Redress Scheme does not cover:
A. deceased estates of members of the Stolen Generations who died before 5 August 2021;
B. living carers or siblings of children who were removed (Kinship Group Members); or
C. deceased estates of Kinship Group Members.
If the class action settlement is approved by the Court, the living members of the Stolen Generation will retain access to the Redress Scheme but separate compensation will now be available to the additional people identified in categories A, B and C above. If you believe you fall into one of the above categories, you may be a group member in this class action and eligible to participate in the settlement.
Further details of the Redress Scheme can be found on the Australian Government website.
Unfortunately, we are unable to assist you with determining your eligibility or completing your Redress Scheme application.
If you are ineligible to participate in the Redress Scheme, you may still be eligible to register for the class action.
Frequently Asked Questions
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
there must be 7 or more people that have claims against the same defendant; and
the claims relate to the same or similar circumstances; and
the claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the Northern Territory Stolen Generations Class Action team
Shine Lawyers’ Northern Territory Stolen Generations Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
Why Choose Shine Lawyers?
In successful settlements and judgments
We have secured more than $1 billion in class action settlements and judgments for our group members.
years of collective experience
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.
