Cubillo v Commonwealth of Australia

Judgment date: 31/08/2001
Court: FCA
Judge: Sackville, Weinberg and Hely JJ
Citation: (2001) 112 FCR 455; (2001) 183 ALR 249; [2001] FCA 1213; BC200105126;
Catchwords: Aboriginals and Torres Strait Islanders;  General;  Stolen generation;  Liability of Commonwealth;  

Tort;  False imprisonment;  Stolen generation;  Reasonableness of order committing child to detention;  

Negligence;  Duty of care;  Duty of care to Aboriginal children removed from their families;  Significantly different arguments raised on appeal;  

Limitation of actions;  Application for extension;  Significance of prejudice suffered by defendant;  Prejudice so significant defendant could not receive fair trial;  

Practice and procedure;  Judgments and orders;  Appeal against order made by primary judge;  Consideration of nature of order made by primary judge;  

Equity;  Fiduciaries;  Fiduciary duties;  Duties allegedly owed by Commonwealth to members of Stolen Generation;