A class action accusing Queensland’s child safety department of discriminating against First Nations families is being discontinued in the Federal Court of Australia after losing the financial backing of litigation funder Therium Capital Management, according to ABC News reporting.
Shine Lawyers Proceedings Continue in Other States
- Interstate Exposure: Ongoing proceedings led by Shine Lawyers in Western Australia and New South Wales remain unaffected by the Queensland discontinuance.
The Collapse of the Queensland Federal Court Proceedings
The legal challenge, which sought both an apology and financial compensation for Indigenous families, hit a wall when litigation funder Therium Capital Management withdrew financial support. Two separate class actions had been spearheaded in the Federal Court in 2023 by Brett Harold Gunning and Madison May Burns, alleging that Indigenous families were stripped of their cultural identity when children were removed and placed into the system in the care of predominantly white families.
In court orders, Justice Craig Dowling noted that the current legal representation, WGC Lawyers, made significant attempts to secure alternative funding without success. Both parties received orders to draft a notice for group members explaining the court-approved discontinuance. Justice Dowling emphasized that failing to provide clear notice risks generating further concerns regarding institutional neglect.
Impact on Claimants and the Search for Accountability
For claimants like the grandmother identified as Cindy, the closure brings a deep sense of frustration. Cindy shared that revisiting her family history for the lawsuit proved draining and stressful. ABC News reported that Cindy’s grandchildren were removed from her care in an act of discrimination by the state’s child safety department, and that she was blocked from getting them back each time she followed protocol.
“It wasn’t really about the payout. It was about how child safety treated me as a grandmother,” Cindy stated to ABC News, expressing dismay over communication gaps and the ultimate termination of the litigation. WGC Lawyers declined to comment as the matter remains before the court.
Legal Efforts Continue in Multiple Jurisdictions
“You can’t tuck a class action away in a drawer after it’s been filed,” Ms Wilson told ABC News, stressing that the broader issues must be addressed. SNAICC – National Voice for Our Children chief executive Catherine Liddle noted that Aboriginal and Torres Strait Islander children remain more than nine times more likely to be in out-of-home care or on permanent orders than their non-Indigenous counterparts, describing the statistics as a gross over-representation that drives families toward legal action.
| Jurisdiction | Legal Representation | Current Status |
|---|---|---|
| Queensland | WGC Lawyers | Discontinued in Federal Court |
| Western Australia | Shine Lawyers | Claims Filed |
| New South Wales | Shine Lawyers | Claims Filed |
A spokesperson for Queensland’s Department of Child Safety maintained that the state remains committed to improving outcomes for Aboriginal and Torres Strait Islander children and families, citing accepted recommendations to strengthen support for Aboriginal and Torres Strait Islander community-controlled organisations and support Closing the Gap commitments.
