Public Interest law practice

From 2022 to 2024 Arnold Bloch Leibler has acted pro-bono for various former AFL First Nations players, partners and their families in relation to claims of serious racism against the Hawthorn Football Club and some of its former staff.

The allegations against Hawthorn included that the club bullied and relocated First Nations players from their homes and had their phone numbers changed so they could fulfil their potential as AFL players, used intimidation tactics to separate couples during the early stages of partners’ pregnancies, as well as encouraging one player to instruct his partner to terminate a pregnancy and end his relationship with his longstanding partner.

Since the allegations were first published in September 2022, ABL has acted for the former AFL First Nations players and their partners in an Independent AFL Investigation, an Australian Human Rights Commission complaint, and proceedings commenced in the Federal Court in July 2024.

Following two days of mediation in November 2024, the parties reached a confidential settlement. In a joint statement, the Hawthorn Football Club apologised to the former players, partners and their families, and said that, as a result of the allegations raised by the former players, partners and their families, Hawthorn Football Club has established a First Nations Advisory Committee, developed and implemented a First Nations strategic plan, expanded the role of its Indigenous Player Development Manager and will work to ensure a culturally safe environment at its future home and training facility at the Kennedy Community Centre.

Together with pro-bono counsel Kathleen Foiley SC, Emrys Nekvapil SC, Julian Murphy, Stella Gold and Jim Hartley, and the pro-bono assistance of Korda Mentha Forensic, ABL is proud and honoured to have represented on a pro-bono basis the former AFL First Nations players and their families and to have supported our clients in their determination to forge a safer pathway for Aboriginal and Torres Strait Islander peoples participating in sport, and towards a racism free future beyond sport.

See also:

• ABL assists former Hawthorn Football players and their partners “walk together” with the Club | Arnold Bloch Leibler  (21 November 2024)
• AFL pledges league-wide racism ‘response’ will happen; ‘Amy’ unmoved by AFL stance | The Age  (5 November 2022)

From 2022 to 2024, Arnold Boch Leibler acted pro-bono on behalf of Karungkarni Art and Culture Aboriginal Corporation, representing the Gurindji peoples of Wave Hill and surrounding country, in its efforts to lift an embargo against access to all Wave Hill Station secret/sacred and highly sensitive cultural information belonging to the Gurindji peoples that was gathered by two eminent anthropologists in the 1940's, Professors Ron and Catherine Berndt. Counsel, Ron Merkel KC, Jim Hartley and Sam Castan-Blashki, also acted pro-bono on behalf of Karungkarni Art and Culture Aboriginal Corporation.

Karungkarni Art and Culture Aboriginal Corporation represents the descendants of families who lived on Wave Hill Station in the 1940s. The families left Wave Hill Station (and other Vestey-owned stations including Limbunya Station) in August 1966 to protest against the poor living and work conditions on the station. It was this seminal moment in Australian political history that led to the introduction of the Land Rights regime in 1976.

The cultural materials about the Gurindji that were gathered and retained by the Berndts (field notes, photos and recordings) were being held without the traditional owners’ consent, under embargo in the Berndt Museum at the University of Western Australia. 

The embargo was put on the collection after the death of Catherine Berndt, denying Gurindji kith and kin their free, prior and informed consent to access to what belongs to them by traditional laws and customs. Many of the Gurindji elders - the direct descendants of the peoples who were interviewed by the Berndts in the 1940s - are elderly and were determined before they pass away to recover these incredibly sensitive and powerful materials and to ensure culturally appropriate Gurindji-led management of them in the future. Sadly, various of those elders passed away before this legal and political campaign, their latest struggle for justice, was won by them.

In May 2024, with ABL’s and counsels’ support, the Gurindji reached an historic accord with UWA for the release of these materials into community by prescribed processes that protect the agency of the Gurindji and empower them to take control once again of what belongs to them. The agreement also provided access to digital copies of the materials.

As a thank you to ABL, a series of prints were generously gifted to the firm by renowned Gurindji artist, academic and leader Professor Brenda Croft, who coordinated the negotiations on behalf of the Gurindji. These sublime works now hang proudly in the Thompson boardroom.

See also: 

• Wave Hill Walk-Off | National Museum of Australia

Since 1991, Arnold Bloch Leibler has acted pro-bono for the Whyman family of the Wamba Wamba peoples, seeking justice for the significant ‘stolen generations’ suffering they have endured since 1963 and continue to endure.

Presently ABL acts for Robert Whyman, who is the administrator of the estates of his mother, Beverly Whyman and his brother, Russell Moore. In 1991, Beverly and Russell commenced a proceeding in the Supreme Court of Victoria against the State of Victoria.  Both Beverly and Russell are now deceased and Robert continues their claim seeking an apology and compensation from the State. ABL acts for Robert pro-bono, as do counsel, Ron Merkel KC, Rachel Amamoo and Jack Maxwell. Ron first acted for the family in 1991, instructed at the time by the revered, now retired, ABL partner Robert Heathcote.

The Proceeding is a seminal Supreme Court ‘stolen generations’ case. In 1963, when Russell was a new born baby, he was removed from his family by officers of the Aborigines Welfare Board – a public body established under the Aborigines Act 1958 (Vic) – without the consent of his parents. The Estate argues that Russell’s removal was in contravention of the law at the time. Russell was ultimately taken from Australia to the United States at age seven.

Russell’s removal from his family was detrimental to his brother, his family and his community. For Robert, who died alone in the United States, his removal deprived him from his people - his kith, kin and Country - and denied him his human rights and caused great suffering to him and his mother Beverly and the whole family.

As 2024 ends, both the Estate and the State of Victoria remain engaged in positive mediation discussions.

See also:

• After life of contradictions, Indigenous man Russell Moore laid to rest | The Age  (3 July 2021)
• Indigenous man dies in US prison following 30-year fight to come home | Sydney Morning Herald  (3 June 2021)
• "Please, bring my son home", the story of Beverley and Russell Moore | SBS Audio  (22 February 2023)

Warrigunya Aboriginal and Torres Strait Islander Corporation is an Aboriginal Corporation registered as a charity and public benevolent institution with the Australian Charities and Not-for-profits Commission that seeks to aid Aboriginal and Torres Straight Islander people. 

In particular, Warrigunya was established to develop and operate supported housing for Aboriginal men coming out of Fulham Correctional Centre in Gippsland. 

Having worked with Homes Victoria and another charity on the development and construction of the supported housing facility, Warrigunya was engaged in important negotiations in 2024 regarding the future successful running of the facility. ABL provided advice to Warrigunya of relevance to these negotiations.

In October 2024 we were thrilled to receive news from Warrigunya, advising us of a successful outcome to the negotiations and thanking ABL for our advice.

The facility will be opened in early February 2025 and begin offering men supported accommodation soon thereafter.

See also:

• Supporting Aboriginal and Torres Strait Islander men to transition to life outside of prison | Community First Development  (29 September 2023)

In 2024, ABL has assisted the establishment of the Willan Foundation and will continue to provide pro bono legal support as the Willan Foundation seeks registration as a Public Benevolent Institution and endorsement as a Deductible Gift Recipient.

The Willan Foundation was established to better the lives of Aboriginal and Torres Strait Islander peoples who may have left schooling early, are on a community-based justice order, recovering from drug and/or alcohol abuse, or those who may be second or third generation unemployed.  The Willan Foundation will assist by providing a culturally appropriate environment where people can begin a career in the construction industry, initially by offering a 10 week traineeship plumbing program with avenues to certification, apprenticeship and, ideally, a lifelong career. 

The programs to be run by the Willan Foundation are aimed at improving skills, financial prospects, providing a feeling of empowerment and advancing self-determination.  The plumbing program is already in high demand - an initial pilot was run by a related entity, which saw fourteen young Aboriginal people complete the program, with six securing apprenticeships following completion of the program.

We look forward to seeing the success of the Willan Foundation and continue to support them and as they grow.

First Australians Capital is a registered charity that helps Aboriginal and Torres Strait Islander entrepreneurs start and grow businesses with finance and business support services. Many of those businesses are established with native title and land rights-based connections.

A core aim of those businesses is to leverage off these valuable property rights. First Australians Capital is also in the process of establishing Australia's first Impact Investment Fund to invest solely in Indigenous businesses.

Over the last 12 months, our Public Interest, Banking and Finance, Commercial, and Tax teams have continued working closely with the organisation's leadership team towards the launch of its new impact investment fund – the FAC Catalytic Impact Fund – which took place in August 2024.

The Fund, which aims to bridge the financial gap between investment markets and the Indigenous economy by providing accessible, affordable and flexible debt and patient finance to investees is the first of its kind in Australia.

The Fund is seeking investors who are committed to the guiding principles of FAC’s Indigenous “Impact Framework” which, among other things, recognises the impact of unjust power structures that create systemic barriers for Indigenous Australians to develop equal and trusting relationships.

FAC’s goal is for the fund to be at the forefront of addressing racial inequity in Australia’s finance sector.