Case Update
Settlement Approval Hearing
Following a two-day hearing on 28 and 29 October 2024, Justice Murphy of the Federal Court of Australia proposed to approve the settlement in the Western Australia Stolen Wages Class Action. The next steps in the settlement process are below:
The Court will deliver a written judgment about the settlement.
The Court will appoint an independent administrator to determine the exact amount each eligible group member will receive from the settlement, and when payments will be made.
The Court will make orders about other deductions from the settlement fund, including the Applicant’s legal fees and the costs of the funder.
Information about the proposed settlement
The State of Western Australia (State) agreed to settle the class action for Stolen Wages, launched by Mervyn Street on behalf of many thousands of Aboriginal Australians who worked in Western Australia and were paid little or no wages, between 1936 and 1972. As part of the historic class action settlement, the State will pay up to $180.4 million to eligible Aboriginal workers or their surviving spouses and children who register to participate in the settlement by 30 September 2024. The amount to be paid by the State depends on how many people register and are assessed as eligible by an independent administrator.
The settlement includes a separate amount of up to $15.4 million for some of the Applicant’s legal costs, and also involved the State delivering a public acknowledgment and apology in the Western Australian Parliament to the surviving and deceased Aboriginal workers on 28 November 2023. Mervyn Street was there to receive the apology.
What is the Western Australia Stolen Wages Class Action about?
Mr Mervyn Street brought a case in the Federal Court against the Western Australian Government on behalf of all Aboriginal and Torres Strait Islander peoples who weren’t paid all their wages or money between 1936 and 1972.
You are a group member if:
A) you are an Aboriginal or Torres Strait Islander person;
B) between 11 December 1936 and 9 June 1972 you lived in Western Australia and worked at some time or had your property controlled in that period; OR
C) you are representing a family member who qualifies and has since passed away.
Further information about who is eligible to get compensation money from the class action is in the Settlement Notice.
Frequently Asked Questions
What is a class action?
What is a class action?
When Governments, large companies or institutions do the wrong thing and people are harmed or suffer loss as a result, an individual can have little to no means of bringing a legal claim.
Class actions are an important mechanism within Australia’s legal system that allow large groups of people to come together to pursue a claim collectively.
For a class action to take place, there are three criteria that need to be met:
there must be 7 or more people that have claims against the same defendant; and
the claims relate to the same or similar circumstances; and
the claim must relate to at least one common issue of law or fact.
For more information about how class actions resolve, click here.
How long do class actions take to resolve?
How long do class actions take to resolve?
It can take up to several years for a class action to resolve. The time taken from case commencement through to resolution and settlement administration depends on the particular case, and the nature of the claim.
For more information about class actions and how they work, click here.
Does it cost anything to join a class action?
Does it cost anything to join a class action?
Shine Lawyers is committed to ensuring that everyone, regardless of their background or financial situation, has access to justice. We run our class actions in a way that means you are not exposed to any costs or financial risk, so joining a class action will cost you nothing.
When a class action is successful, the legal fees and costs to run the class action are deducted from the settlement amount that is approved by the Court. If the class action is unsuccessful, we will ensure there are no out-of-pocket costs to you.
Will my contact details be kept private?
Will my contact details be kept private?
Yes, your contact details will remain confidential and we will seek your consent before disclosing any of your personal information (including before such disclosure is required by the Court).
Shine Lawyers will only use your personal information strictly for the purpose of the legal proceedings.
Meet the Western Australia Stolen Wages Class Action team
Shine Lawyers’ Western Australia Stolen Wages Class Action team includes some of the firm’s most experienced litigators, solicitors and support staff. You can learn more about the team running this class action by clicking on their profile below.
Why Choose Shine Lawyers?
In successful settlements and judgments
We have secured more than $1 billion in class action settlements and judgments for our group members.
years of collective experience
Our team includes the country’s most experienced class actions experts and litigators with the skill, industry insight and dedication to deliver the best possible outcomes for deserving Australians.
dedicated class actions team members
We are proudly one of the largest class actions teams in the country. Our senior practitioners are supported by a dedicated team devoted to the complex field of class actions.
