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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

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