Descendants of the Northern Territory’s Stolen Generations who won a $50.45 million class action settlement are angry to discover some will receive just a few thousand dollars each, or nothing at all.

In 2022, Shine Lawyers successfully argued that, by causing trauma, distress and other harm to children forcibly removed under assimilation policies between 1912 and 1973, the federal government breached its duty of care to them and their children. siblings and caregivers.

Shine also successfully argued that the spouses and children of members of the Stolen Generations who had died and been left out of the Territories’ Stolen Generations Reparation Plan should also receive compensation.

The reparation scheme only provided compensation to people still alive when it was established in 2021.

Darwin man Brian Long and his brothers heard stories of how their father John was regularly beaten at the Garden Point Catholic mission in the Tiwi Islands, after being taken from his home in Ti Tree.

Long said he and his siblings were affected by the harm done to their father.

“He didn’t like religion, so the Catholic brothers tried to instil it by beating him,” he said.

Mr. Long and his siblings took advantage of the class action lawsuit’s opportunity to receive compensation on behalf of their parents.

But Long said he was disappointed when Shine told him he would receive about $3,000.

“They have created a mess, they are traumatizing us again just for a few thousand dollars for my parents, who lived on that island, imprisoned for more than 20 years,” he said.

Payments that cause family disputes

Other children of Stolen Generations members, such as Douglas Shields, have been told they will receive nothing.

“They guided us because we all filled out the forms, and in the last week before the money was paid, they told us we weren’t eligible,” Shields said.

Jeanneen McLennan said the split in the agreement had led to disputes between families in which some members were deemed eligible and others were not.

“Shine’s decision is causing friction between families, and that is not good for our mental health, especially since many of the descendants of the Stolen Generation have mental health problems,” he said.

Money divided according to a court-approved plan

In a statement, Shine Lawyers said it was “aware that some registered representatives are dissatisfied with the outcome of eligibility assessments.”

But the statement also said Shine should divide the money according to the Settlement Distribution Plan it devised and which the New South Wales Supreme Court approved.

“Settlement money in this class action lawsuit is being awarded to the estate of the deceased class member who was a retired child,” the statement said.

Mr Shine said when compensation was awarded to a person’s estate, the subsequent division of the money “reflects the intestacy (inheritance) laws of the Northern Territory”.

Inheritance laws state that money should go to the executor of a person’s will and no other person.

But if there is no will, the money is awarded to the person’s spouse, and if they do not have a spouse, it passes to their children.

“That is why registered children of Stolen Generations members are not automatically entitled to settlement money,” Shine’s statement said.

When a Stolen Generations member has multiple heirs or children, Shine said that person’s share “is divided equally among the registered representatives of that estate.”

‘Everyone totally confused’

Plaintiff Yvonne Dunn, whose parents were abused at Garden Point, said she felt Shine Lawyers over-complicated the settlement plan, making the final payments unfair.

“These categories have totally confused everyone, trying to determine if the money is going to the caregivers, siblings or children of the deceased parents,” he said.

“Our family members receive $5,000 or $6,000 per parent. You can’t say it’s compensation, that’s basically an insult to our parents’ legacy.

Of the $50.45 million settlement, $11 million went to legal fees and insurance, leaving $39.5 million for the plaintiffs.

Shine Lawyers said the costs were published and approved by the court from the beginning.

Federal Indigenous Australians Minister Malarndirri McCarthy said “the Commonwealth is not involved in the administration of settlement distribution” but will “closely monitor the matter”.

The disgruntled claimants have sought advice from veteran Darwin lawyer John Lawrence SC.

Lawrence said he wanted the federal government to do more to regulate class action lawsuits.

“There is growing anger on the part of plaintiffs who get dragged into class actions and then don’t get much money in return, and yet consistently these companies that pursue class actions get very high amounts in their fees,” he said.

“So I would like to see a proper investigation into how these class action lawsuits are carried out, and I think there has to be some type of regulation that ensures that this type of thing can’t happen.”