McLennan v Northern Territory Stolen Generations Aboriginal Corporation

The matter before the court was an application by the Northern Territory Stolen Generations Aboriginal Corporation to extend the time to serve a statement of claim against McLennan. The Corporation sought to serve a statement of claim against McLennan on the basis of his involvement in the forced removal of children from their families in the Northern Territory. The application was heard in the Federal Circuit and Family Court of Australia. The legal issues before the court were whether the Corporation had established a compelling reason for the extension of time and whether the extension of time would cause substantial injustice to the defendant. The court found that the Corporation had established a compelling reason for the extension of time, as it had not been aware of McLennan's involvement until recently. The court also found that the extension of time would not cause substantial injustice to the defendant, as the defendant had not demonstrated any prejudice as a result of the delay in service. The court therefore granted the application for an extension of time. The final orders of the court were that the Corporation be granted an extension of time to serve the statement of claim on McLennan and that the statement of claim be served within 28 days of the date of the judgment.