Child safety racial discrimination class actions against Queensland to be discontinued after funding loss

First Nations grandmothers say system has failed them again as litigation funder withdraws support

By LineZotpaper
Published
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Two landmark class actions accusing Queensland's child safety department of racial discrimination against First Nations families are set to be discontinued in the Federal Court after losing funding, leaving plaintiffs such as grandmother Cindy feeling let down by the system once more.

Two class actions launched in 2023 against the Queensland government, alleging that the state's child safety department discriminated against Indigenous families by removing children and placing them with predominantly white families, are to be discontinued in the Federal Court after their litigation funder withdrew support.

Cindy, a Queensland grandmother who cannot be identified for legal reasons, joined the lawsuit in late 2023. She said the case was not about the payout but about accountability for how child safety treated her. She described being blocked from regaining care of her grandchildren after they were removed, saying she sat in the gutter and cried for her child on the night they were taken.

The lawsuits, spearheaded by Brett Harold Gunning and Madison May Burns, claimed Indigenous families were stripped of their cultural identity. They sought an apology and compensation.

Cindy expressed disappointment and anger at how the case was handled, noting a lack of communication. The last update she received was in September last year, advising that litigation funder Therium Capital Management had decided it no longer wanted to continue funding the case. The matter initially handled by Bottoms English Lawyers changed hands when the solicitor moved firms last year.

Therium Capital Management was contacted for comment.

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Analysis

Why This Matters

  • The discontinuation ends a legal avenue for hundreds of First Nations families who alleged systemic racial discrimination by Queensland's child safety system.
  • It leaves affected families without the apology and compensation they sought, potentially eroding trust in both the legal system and government processes.
  • The case's collapse may discourage future class actions or litigation funders from taking on similar high-stakes, long-running discrimination claims.

Background

The class actions, filed in 2023, alleged that Queensland's child safety department systematically removed Indigenous children and placed them in care with predominantly non-Indigenous families, thereby stripping them of cultural identity. The claims sought recognition and redress for what plaintiffs described as discriminatory practices. Litigation funding, which allows plaintiffs to pursue costly legal battles, is a common arrangement in Australian class actions, but funders can withdraw if they assess the case as no longer financially viable.

Key Perspectives

Plaintiffs (e.g., Cindy): They wanted accountability and an acknowledgement of harm, not just monetary compensation. They feel the system has failed them again, and the withdrawal of funding is another layer of disappointment. Litigation funder (Therium Capital Management): As a commercial entity, it has the right to reassess and withdraw funding based on its own risk and return calculations, but this leaves claimants stranded. Queensland government: It has not publicly commented in the provided material, but it would likely view the discontinuation as a legal victory or at least a reprieve from lengthy proceedings.

What to Watch

  • Whether the plaintiffs seek alternative funding or pursue individual claims.
  • Any statements from the Queensland government or legal representatives about next steps.
  • Possible legislative or policy responses to address the underlying grievances raised by the class actions.

Sources

Zotpaper

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