Supreme Court of South Australia rejects Stolen Generation appeal

ABORIGINAL activists have called for a Stolen Generation compensation fund to be established after a court rejected a state government appeal.  

ABORIGINAL activists have called on the next state government to compensate the Stolen Generation after the Supreme Court today upheld a landmark decision.

The Full Court of the Supreme Court this morning dismissed the Rann Government's appeal against $775,000 awarded to the late Bruce Trevorrow.

The court refused to overturn rulings Mr Trevorrow's removal from his parents was unlawful and a breach of the duty of care.

Its decision means the original judgment - seen as a benchmark case by the Aboriginal and legal communities - could pave the way for more lawsuits.

Claire O'Connor, for Mr Trevorrow, said that should not be necessary.

"A court has told the Government what we've been telling it all along: that some removals were unlawful and caused harm," she said.

"I hope that the State Government, whoever it is, and the Attorney-General, whoever that might be, will now sit down and have a conversation with the indigenous community.

"We need to set up a compensation scheme, like they have in other states, for people who have suffered ... it's time to spend money on indigenous people, not white lawyers."

In the 1950s, Mr Trevorrow was taken as an infant from his parents while suffering stomach pains.

He was placed in foster care without his parents' permission and did not see his family again for a decade.

Mr Trevorrow launched legal action in 1997 a battle he won in 2007, just 12 months before his death.

Today, State Government lawyers asked the question of costs be delayed.

They said they were unable to get instructions because there is currently no Attorney-General.

Chief Justice John Doyle reserved a finding on the issue of costs.

Outside court, Ms O'Connor said it was a "tragedy" Mr Trevorrow had not lived to hear the decision.

"But it was never a waste of time," she said.

"If you saw the look on Bruce's face when we received the original court result, you would know it was never a waste of time."