About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

21 U.N.S.W.L.J. 247 (1998)
The Stolen Generations: In the Aftermath of Kruger and Bray

handle is hein.journals/swales21 and id is 267 raw text is: Forum - The Stolen Generation: From Removal to Reconciliation THE STOLEN GENERATIONS In the Aftermath of Kruger and Bray MICHAEL D SCHAEFER* I. INTRODUCTION In October 1996, landmark legal proceedings were commenced in the Northern Territory by members of the Stolen Generations, when lawyers acting on their behalf filed in excess of 550 claims for common law damages in the Darwin Registry of the High Court of Australia. The claimants had been removed from their community and institutionalised when living as children in the Northern Territory. Claims were also filed on behalf of a number of mothers of children removed without consent. The removals and detentions were carried out by officers of the Commonwealth of Australia under the direction of the Chief Protector of Aboriginals in the Northern Territory and pursuant to the Aboriginals Ordinance 1918-1957 (NT) (the Ordinance). The Writs pleaded causes of action in tort, alleging, inter alia, breach of duty of care, breach of statutory duty and breach of fiduciary duty; and sought declaratory relief and compensatory damages for personal injury. In addition, aggravated and exemplary damages were sought on the basis that, in removing and detaining the plaintiffs, the Commonwealth of Australia through its officers, * A litigation partner at Holding Redlich, the Melbourne based law firm, which is assisting the North Australian Aboriginal Legal Aid Service in the preparation and presentation of common law claims on behalf of members of the Stolen Generations. 1998

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most