The Stolen Generations and Litigation Revisited

[Litigation for the so-called 'Stolen Generations' had been demonstrably unsuccessful until the recent case of Trevorrow v South Australia [No 5] ('Trevorrow'). This article explores in detail the Trevorrow decision and offers some comment on the litigation possibilities that flow from it. The success of the Stolen Generations litigant in Trevorrow is compared and contrasted to past failures in the area. Furthermore, this article considers litigation and non-litigation based responses to past wrongs, and questions whether litigation is capable of leading to an acceptable resolution for members of the Stolen Generations.]