Street v State of Western Australia

In the case of Street v State of Western Australia, the Federal Court was tasked with approving a settlement between Aboriginal and Torres Strait Islander workers and the State of Western Australia. The dispute centered around unpaid wages earned between 1936 and 1972 by Aboriginal and Torres Strait Islander workers who were subject to discriminatory legislation and practices during that period. The proposed settlement sought approval under section 33V of the Federal Court of Australia Act 1976 (Cth), encompassing various legal and procedural issues, including the fairness and reasonableness of the settlement amount and the proposed deductions from legal costs and funding commission.

The court was required to determine whether the settlement amount was fair and reasonable, taking into account the historical context and the nature of the claims. Additionally, the court had to assess the fairness of proposed deductions from legal costs and funding commission, as well as consider any objections raised by the parties involved. The decision involved a detailed analysis of the evidence provided by the applicants and the State, as well as the submissions from the parties and the intervener, Shine.

After careful consideration of the evidence and submissions, the court concluded that the proposed settlement was fair and reasonable. The settlement was structured to ensure that after the funding commission was reimbursed, the remaining amount would be distributed among the class members, with priority given to the applicant's actual costs. The court also found that the deductions from legal costs and funding commission were necessary and appropriate. The settlement was structured such that the quantum of the settlement fund amount depended on the number of participating class members, with a preliminary estimate suggesting there would be around 8,750 eligible claimants. Based on this estimate, the settlement sum was determined to be $159.775 million, comprising the settlement fund amount and the agreed costs component.

In summary, the court approved the settlement, acknowledging the historical injustices and the importance of compensating the affected workers. The court emphasized that the proceeding was not about compensating for the cruel treatment endured by the Aboriginal people but rather about rectifying the financial injustice of unpaid wages. The settlement was deemed a fair and reasonable resolution of the claims, and the court's approval was granted accordingly.