The class action was launched by Shine Lawyers in April 2021, following extensive consultation with affected Northern Territory community members.

At the time, the firm estimated that between 4,000 and 6,000 Northern Territory members of the stolen generations were eligible to register for the claim.

The class action covers survivors of the Northern Territory stolen generations who were removed before 30 June 1978, plus certain family members and deceased estates of both those groups.

Following the launch of the class action, the Commonwealth announced the Territories Stolen Generations Redress Scheme, providing compensation and other support for the stolen generations survivors. However, the redress scheme does not cover deceased estates of members of the stolen generations; living carers or siblings of children who were removed (kinship group members); or deceased estates of kinship group members.

With the settlement approval, the living members of the stolen generations will retain access to the redress scheme, but separate compensation will now be available to those additional groups.

Additionally, during the settlement process, Shine conducted an outreach program to gather feedback from affected communities. As a result of this process, an application was granted by the court to broaden the eligibility criteria to include descendants from removed families, too.

Shine’s joint head of class actions, Vicky Antzoulatos, said the case was an opportunity to confront the appalling race-based policies lurking in the not-too-distant shadows of Australia’s past. 

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“The stolen generation is one of the darkest chapters in our country’s history, which no amount of money will ever make up for. It’s our hope though that this settlement will go some way towards helping with the healing process,” she said.

“I want to acknowledge the courage and determination shown by our group members in bringing these proceedings.”

The class action was funded by Litigation Lending Service (LLS) — and chairman Shaun Bonétt said it marked an “important step towards a more just and equitable future for all Australians”.

“This settlement marks an important step towards acknowledging the extreme harm caused by past segregation policies and practices to First Nations peoples,” he said.

“LLS is proud to have supported the action and applauds the efforts of the parties — the Australian government, the Northern Territory Stolen Generations Aboriginal Corporation, the lawyers, and the court in working to have this matter resolved expeditiously for group members.”