In deciding whether to extend the registration deadline in the Northern Territory stolen wages class action, the Federal Court’s Chief Justice considered how much more money would need to be paid to the law firm and administrators.
Concerned registrations for the Northern Territory stolen wages settlement have not come through as quickly as expected. Compensation firm Shine Lawyers asked for and was granted an extension from 31 August to 3 October 2025.
It will mean group members will see their share of the $180 million settlement sometime near the end of January 2026.
Last September, the court heard the settlement would accommodate between 3,000 and 10,000 Aboriginal and Torres Strait Islander workers who had their wages stolen between 1933 and 1971.
The class action was brought by Shine Lawyers in 2021 on behalf of lead plaintiff, Minnie McDonald.
On Friday (29 August) afternoon, Chief Justice Debra Mortimer said the Federal Court decided it would only be a “short extension”.
“The court considers this is an appropriate compromise between, on the one hand, the understandable position of [Minnie] McDonald and many other group members … and on the other hand, allowing as many plaintiffs as possible to register,” Chief Justice Mortimer said.
Chief Justice Mortimer also made orders to overhaul the registration process, which had been “too strict or too technical”.
“Therefore, the parties have agreed to some variations to the settlement deed, which should make it more straightforward for registration forms to be processed,” Chief Justice Mortimer said.
The court acknowledged the extension would be additional legal and administrative costs, but “a short extension will minimise the costs”.
In April, Chief Justice Mortimer was critical of Shine Lawyers for the fees it has charged for the registration process.
As part of the settlement, the Commonwealth agreed to contribute $15 million for legal fees, $6 million for administration fees for settlement, and an additional $1 million for the costs assessor.
However, Shine requested a further $8 million for registration.
“The higher fees charged for these tasks illustrate the failures and flaws in the method and approach adopted by Shine in the past,” Chief Justice Mortimer said in the April judgment.
Chief Justice Mortimer ordered the firm to come back after registration so the court can assess “how much it is reasonable for it to receive as extra legal costs”.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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