Aboriginal group to launch 1000-strong claim

[admin]

( Whats this ? Surely the unthinkable hasnt happened ? Has KRudd sent us up the river with some fibs ? )




THE flood of compensation claims feared by those who opposed the national apology to the Stolen Generations has materialised, with a prominent Perth lawyer and the state's peak Aboriginal group joining forces to launch a 1000-strong claim in the West Australian and Northern Territory supreme courts.

It signals an intention to seek massive sums, far bigger than the West Australian Government's $114 million alternative compensation scheme, which has effectively been sidelined by indigenous groups.

The state's Aboriginal Legal Service said yesterday it had handed more than 600 case files, collected since 1995, to a prominent Perth legal firm in a historic legal partnership resembling the long-running James Hardie litigation for mesothelioma victims.

But ALS executive Dennis Eggington said the firm, Lavan Legal, would evaluate a further 400-500 cases of people who had contacted legal aid since last August, when South Australian Bruce Trevorrow, 51, became the only Stolen Generations member to win compensation for "the unlawful and negligent nature" of his childhood removal. He was awarded $775,000 by the South Australian Supreme Court.

Mr Eggington said the West Australian files contained many worse cases. "We're talking about people who suffered horrific abuse year after year, from coming into care as young as six months old through to teenagers. They have been physically and emotionally damaged for the rest of their lives," he said.

Yesterday's joint announcement by the ALS and Lavan Legal has cast doubt on whether Aboriginal claimants will opt for a West Australian government scheme, launched only two months ago, to compensate abused children in state care.

Called Redress WA, the fund will make ex gratia payments of between $10,000 and $80,000, the larger sum for claimants who could show medical or psychological injury as a result of abuse.

Last Wednesday, Kevin Rudd unreservedly apologised to the Stolen Generations for the pain and suffering brought about by 70 years of government policy that involved the forced removal of tens of thousands of Aboriginal children from their parents.

Lawyers have argued that the apology would not lead to successful compensation claims because the removal of children was done legally under the laws of the time and sanctioned by state and federal governments.

But Lavan Legal general counsel and high-profile lawyer Martin Bennett, who has acted for the late Lang Hancock and Alan Bond, said the Trevorrow case and the low cap of $80,000 under Redress WA had persuaded his firm to offer to run Stolen Generations cases on a pro bono basis and pursue just compensation through the courts.

"Individual cases can be measured against yardsticks to say, 'Did they suffer as much?"' he said. As in the asbestosis action, "each individual commences his action and the vast majority are settled at mediation."

He warned that running up a thousand cases through the courts would cause a massive strain on the state's resources and hoped they could be settled.

He said Lavan Legal hoped to begin proceedings in the WA Supreme Court in May and complete the first case in two years.

[admin]

As we are all told by the KRudster to prepare for some economic pain ( and a double dose of interest rates.....maybe quadruple with the way the banks treat Wayne Swan with hilarity ) Aboriginal Australia is gearing up for one of the biggest free for all ca$h grabs in the history of this country.

No proof will be required , the governments will shit their pants and give every aboriginal money which was the plan of Aboriginal leaders.

I am considering selling up and opening takeaway grog shop or a holden dealership in anticipation That is about the limit of current business confidence in this country.

EDIT : Forgot to mention KRudd's promise that Aboriginal Australia WILL have first class health care within 5 years. Pity the rest of us. But hey , they are a minority group arent they ?

[Woodstock]

heh not looking good ! Mr rudd ya stuffed up bad ya fool !

[ATTITUDE]

Well if these claims go ahead im putting in a claim against the australian goverment for misuse of my tax money which now has caused me to have depression and anxiety sleepless nights which has to turned me into an alcoholic wife bashing bed pissing wreck.i reckon that should be worth a couple hundred gran.

[zzzzz]

when ever i have had to take non paying customers to court i usualy end up with nothing due to there in-ability to pay me for all the work i have done.as the judge usualy says sine die ("without a day" ) i am not saying all my debtors are abridginal but 60% are half casts and most of these try to get work done on a promise that the local aboridginal society are going to pay me. and now when i refuse to do work for them unless they pay up front i am called a racist!!!
i will say that i have never had problems with the elders or full bloods as to me they have a fair and good outlook on life and respect others..
and to date i have not heard of 1 full blood aboridginal ever mention anything about stolen generation rights or ask for anything they have not earned or worked for..i think 90% of all claims are going to end up from part and very jubious people who may have as little as 10% indidginous in them...thats my opinion only

[z80]

I will sleep better tonight knowing that justice in the form of compensation is progressing nicely.

If I have to pay 5 cents a litre or some such crap to fund it, then that is fine.

Let's move forward and learn from our mistakes of the past.

[Gitch]

If we pay them the compo will that make us all equal - no more land to be claimed, no more free health cover, etc etc? Doubt it!

Will I feel better if I get the pay out because I stubbed my little toe at work (I was wearing my flip flops and was drunk and didn't see the push sign on the closed door?) I might, but the poor bastards who are out of a job because the business closed down because I made that claim and won surely won't - even though they WERE my mates?

What about my great great grand father that was sent to this country because as an eight year old he stole a loaf of bread to feed himself and his two homeless sisters for the fornight - Can I now sue the english government? More the point would I for my personal satisfaction...

More so what about the f'ing idiot who recently attempted steal my tv and was bitten by my dog IN MY f'ing yard and now my dog has to be put down. Whilst the thief only has to pay the court appearance fee of $150...

What ever happened to commonsense and personal responsibility?? I know I am probably way off subject as this doesn't really have anything directly related to the "Australian Naitives" or whatever they call themselves this week but seriously what has the world and lawyers become?

In my job, I have a "DUTY OF CARE" whereby if something happens that I am aware of, but have no control of, and or have no interaction of either by choice or an impossibility I can still be held responsible. How does that work?

Finally, is it my fault for everything that happens?? NO!! I don't even know exactly what happened, I had no part in it! I have no need to be sorry for the topic at hand or for anything else the Government screwed up in the past... I will take partial responsibility for voting the current and future Government in but unless I agree I take no part in their actions...

Feel free to flame me, I don't care as it is all just MY OWN opinion. I'm also sure 99% of the population agree, but it's the way the world has become - I sure as hell if some of you had the opportunity to do the same some would follow the destroying path people are taking for the own benefit...

[htr_toucan]

Jesus I wish Johnny won.. Why are we paying something out when they still wont be treated equal like everyone else? This is excelent...

z80 I hope your being sarcastic, "OUR" mistakes of the past? Sorry I wasnt aware I took them away from there parents, Or you did. Bloody ridiculus...

[Don Benosee]

Geez Sanity, your political bias is getting more and more vehement every day..

Do you really think Rudd is responsible for the launching of these claims? And interest rate rises?

And can you tell us what these alleged 'fibs' are?

[admin]

Geez Sanity, your political bias is getting more and more vehement every day..

As is yours Don.

Do you really think Rudd is responsible for the launching of these claims?

I most certainly do. His apology , which the majority of Australians did not agree with , has led to exactly what was claimed would not happen - a mass of compensation claims.

And interest rate rises?

No idea how they affect Aboriginals or how they are applicable to their compensation claims.

And can you tell us what these alleged 'fibs' are?

Ms Macklin said an apology was imminent.

"We do want to make the apology as early as possible in the new parliament," she said.

She said legal advice sought by the Government gave it confidence that it would not be swamped with claims.

APOLOGISING to Aboriginal people for past injustices would not open the door to compensation claims, Prime Minister-elect Kevin Rudd said today.

Southern Cross Radio 30 /11 /07

[diggler]

Lawyers have argued that the apology would not lead to successful compensation claims because the removal of children was done legally under the laws of the time and sanctioned by state and federal governments.

But Lavan Legal general counsel and high-profile lawyer Martin Bennett, who has acted for the late Lang Hancock and Alan Bond, said the Trevorrow case and the low cap of $80,000 under Redress WA had persuaded his firm to offer to run Stolen Generations cases on a pro bono basis and pursue just compensation through the courts.
.

seems pretty clear to me that the western australian cases are using the trevorrow case as the precendent. the precedent set during jack boot jonnies stewardship. so it must be all the federal libs fault seeing all state matters are now somehow the federal govs responsibility. personally i am very sure after the trevorrow precedent was all set the state governments became open to these claims and whoever won the federal election became immaterial. interesting to note that no claims are being made against the federal goverment?

[admin]

Its logical that any cases will use the Trevorrow case as a precedent. I have no idea how you work out John Howard has something to do with a civil case which was heard in WA other than by refusing to issue an " official " apology.

If you look at the Trevorrow case and its costs , he was paid nearly 800K and costs went against the government so its safe to say it cost WA well in excess of one million dollars for one case. It is also worth noting that the association that Pollywaffle pointed out in WA called Redress WA that is so great has an 80K cap on compensation , so Aboriginals will avoid it like the plague if they think they can get as much as Brucey.

So depending on how many legit cases there are or cases were there has been an incorrect administration procedure such as in the Trevorrow case , we can expect each to cost around one million dollars plus.

But no one has any idea how many genuine cases there are , figures of 10k , 25k , 50k and 100k have been thrown around , and lets face it there seems to be more and more stolen generation members everyday.

In my opinion , Aboriginals are going to flood all governments with compensation claims until there are that many , the Federal Government will be forced to backpedal and announce a compensation fund of around 1 billion dollars or something to the stolen generation.

No one will actually have to provide a great deal of proof as to why they were taken or if they were even taken at all , and most Aboriginals in this country will end up getting maybe 50-80k each for no reason other than being black.

At least one Aboriginal leader has already touted the suggestion that EVERY aboriginal in Australia should receive compensation because it affects them all. That is something that may yet happen.

Unless KRudd wishes to bankrupt Western Australia and the Northern Territory ?

[diggler]

Bruce Trevorrow's case was heard in the south oz supreme court, not in WA.
i have no idea how you work out how kevin rudd has something to do with a civil case that was heard in SA either.
if you look at this story from the age dated August 2, 2007 it states Justice Thomas Gray's judgement is expected to trigger more cases of its type.
"He was falsely imprisoned," Justice Gray found of Mr Trevorrow. "He was the subject of breaches of the common law duty of care owed by the state.
Unless appealed and overturned, the case will become a precedent for similar claims

yet no appeal from the then liberal federal government was forthcoming, not a peep




from the same article
A previous landmark test case brought by two Northern Territory Aborigines - Peter Gunner, who has since died, and Lorna Cubillo - was lost in the Federal Court in 2000.
In its judgement, the court went to lengths to state that it did not deny the existence of a stolen generation, and accepted that Mrs Cubillo and Mr Gunner had suffered enormously after being separated from their families.
But it concluded that there was not proof available that their removal was carried out other than in accordance with the prevailing law. Subsequent appeals against the judgement failed.

so it has already been tested against the federal government and failed, i guess thats why they have started suing the states.

[admin]

Yes , sorry I got SA and WA confused. You know from the " sorry " thread that I am aware of the circumstances of his case.

Why would the then Federal Government appeal a South Australia supreme court decision ? Its not up to them to appeal , its up to the SA government to appeal.

Peter Gunner was sent to a home in Alice Springs by his mother to get an education with her full permission. Its quite obvious why he didnt get a cent.

Lorna Cubillo was found at the age of seven with no parents or known guardian and was found in a missionary run camp in the bush. She was sent to a home and school in Darwin. Again , its blatantly obvious why she didnt get a cent either. In fact most of these well known " stolen " generation people and leaders arent even stolen.

The reason as you say that it has been " tested and failed " against the Federal Government is because the Federal Government actually made them [i]prove[/b] their case which wasnt possible because they didnt actually have a case.

Lowitja O'Donoghue , co-patron of the Stolen Generation Alliance who also claims to have been stolen was dumped off at a childrens home by her Irish Father. Doesnt sound stolen to me.

In the case of Trevorrow , the only reason he won his case is because no government official chased up his parents ( his mother on " walkabout " after a fight and his father a drunk ) to get signature permission. Trevorrow lived a life of squalor , neglect and abuse in a tin humpy - a neighbour was the one who took him to hospital not the parents , his mother didnt seem to miss him until a month later. Hospital reports at the time recorded him as neglected and the father a drunk and the mother missing.

[viper5150]

And that is just the tip of the iceberg.

I stand by the call i made last week at work. With the amount that will have to be payed out, how long before we see aboriginal casinos?

[global88]

Well, if they were wronged by a previous government, they deserve it.

It will be interesting to see how many will come forward in total, how many will try to rip off the system and how many are desendants of people who were affected.

I agree with sanity and thank Rudd for opening a can of worms, all for the sake of an election win.

Dont worry about just the compo payouts (if any), worry about the cost to the government (tax payers) fighting them.

Im sure many lawyers on both sides of the fence, are rubbing their hands right now.

Im sitting here with a big grin on my face thinking of another thread.
Remember?
Cant claim because Rudd said so?
Cant claim because of legal advice he received?
Skys not falling?

Give it time.......

Just keep in mind that the real winners will be the lawyers.

One other thing comes to mind now.
I wonder why the Jews dont make a claim against the German government?
Didnt they get a sorry?

[z80]

Jesus I wish Johnny won..
...

Tough luck, how's it feel to be in the minority of voters?

z80 I hope your being sarcastic, "OUR" mistakes of the past?...

"Our" being the affectionate nationalist collective noun to describe Australians and the governments that we legitimately elect.

It is a fact that the parliament responsible for setting the policies for the solen generation was elected with a mandate by "us".

Sorry I wasnt aware I took them away from there parents, Or you did. Bloody ridiculus...

My parents always voted Liberal like you, so I inherit their accumulated wealth and also their moral debt in the form of resonsibilty for their mistakes.
Just like your children will pay for your generations mistakes.

Consider it an unpaid mortgage that your parents failed to meet payments on.

[poudo]

My parents always voted Liberal like you, so I inherit their accumulated wealth and also their moral debt in the form of resonsibilty for their mistakes.
Just like your children will pay for your generations mistakes.

Consider it an unpaid mortgage that your parents failed to meet payments on.

If you really feel this way, then you should give ALL of your inheritance to anyone you feel was hard done by. If you give anything less than ALL of your inheritance you are a loser (could've used a stronger word) and a hypocrite for posting this - although if you do give it all away then I aplaude you.

[z80]

If you really feel this way, then you should give ALL of your inheritance to anyone you feel was hard done by. .

Okay, I will donate all my personal Anglo Saxxon apportionment of illegally acquired inheritance of $0.00 to the aboriginal cause of your choice.
Basically...your "advice" ignored since you are too simple to know the difference between collective moral responsibility and financial compensation.
Too simple also, to understand the difference between collective moral responsibility to that of your personal hip pocket wallet.

If you give anything less than ALL of your inheritance you are a loser (could've used a stronger word) and a hypocrite for posting this
.

If being one in the same mindset and intellectual quotient as you makes me a "winner", then I agree to take the path of the loser.

(I could have used a stronger word than mindset).

- although if you do give it all away then I aplaude you.

Your approval is of no value to me...(as is that of one incapable of spelling applaude).

[bulbous]

....."applaude" doesn't have an e .......

I know you can be a bit touchy at times. .