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Fast settlement considered for stolen wages class action
Despite the slow-moving nature of settlement payouts, the Federal Court was told of a plan to rapidly inform members of the historic stolen wages class action that they would soon receive funds.
Naomi Neilson
Between 3,000 and 10,000 Aboriginal and Torres Strait Islander workers who had their wages stolen in the Northern Territory between 1933 and 1971 will receive a share of a $180 million settlement, the Federal Court was told on Monday (9 September) afternoon.
“The applicant and respondent are pleased to confirm today in open court they have reached a conditional settlement,” the counsel for the stolen wages class action, William Edwards KC, said.
In addition to the $180 million, the Commonwealth of Australia will contribute $15 million for legal fees, $6 million for the administration fees for settlement, and $1 million for the costs assessor.
Given the structure of the settlement, which accommodates a maximum of 10,000 people, the court was told the figure may be reduced, but it was not possible to put a number on it until the final numbers were in.
Edwards said affected individuals who are still alive can claim for themselves. In the event they are deceased, particularly given the time of the wage thefts, their spouse or children can make the claim.
The court was told that of the 23 workers who gave evidence, 10 are over the age of 75, one has died, and several have serious health issues.
With this in mind, Edwards told the court the parties were “conscious of that matter, and that has driven some structural features, including a common desire of the applicant for the court to accommodate a settlement approval hearing before the end of the year”.
If that cannot fit into the court’s schedule, Edwards said there was a plan for an outreach program to begin immediately, in which group members and potential members will be informed of the settlement.
He said this could be done by contacting organisational groups and bodies in the Northern Territory, utilising social media and promotional tools, posting on the Federal Court’s website to capture Google search results, and having notices placed on radio and in newspapers.
Edwards said Shine Lawyers would also accommodate language and interpreters, would consider those without a bank account, and planned to sit with members who needed assistance filling out forms.
It is possible the settlement hearing will take place in the Northern Territory.
NT Minister for Indigenous Australians Malarndirri McCarthy said the historical wages class action “concerns a deeply regrettable and shameful chapter in Australian history”.
“It is my hope that, if approved, the settlement will bring closure to many First Nations people impacted by these Commonwealth laws,” Minister McCarthy said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
