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STOLEN GENERATION TEST CASE LIKELY TO GO ON TRIAL

Posted by PeterLain 
STOLEN GENERATION TEST CASE LIKELY TO GO ON TRIAL
July 31, 2012 04:19PM
STOLEN GENERATION TEST CASE LIKELY TO GO ON TRIAL
[www.abc.net.au]
by Claire Moodie

July 31, 2012 14:49:24
Perth 6000

A test case for compensation by members of the Stolen Generation in Western Australia is likely to go to trial in the Supreme Court early next year.

The action is being taken by seven siblings who were removed from their parents in the Wheatbelt and placed into state care between 1958 and 1961.

Their parents, Donald and Sylvia Collard, who are both aged in their 80s, are also plaintiffs in the case.

Chief Justice Wayne Martin told a directions hearing today that given its status as a test case, next year's trial could be web-streamed if the Collard family agreed to it.

It is the first case of its kind in Western Australia but there have been precedents in South Australia and the ACT.

The Supreme Court in South Australia awarded $750,000 to the late Bruce Trevorrow.

Mr Trevorrow was taken to hospital as a baby for treatment, but then placed in the hands of foster carers without the permission of his family.

A subsequent appeal by the South Australian Government was dismissed in 2010.

Lawyers from Lavan Legal, who are acting on a pro bono basis for the family, lodged a report today on the deteriorating health of Donald Collard who has a heart condition.

The court heard Mr Collard may have to give evidence before the trial on what's called a "de bene esse" basis because of his ill health.

Outside court, two of the sisters Ellen Thomas and Glenys Collard expressed frustration at the length of time the case was taking to proceed.

They said they were looking forward to their day in court.


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