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State Apology to Robert Whyman and the family of Beverley Whyman and Russell Moore

The State of Victoria unreservedly apologises to Robert Whyman, who is acting on behalf of the Estates of Beverley Sylvia Whyman and Russell Thomas Moore. Robert is Beverley’s son and Russell’s brother. The State extends its apology to Beverley and Russell’s entire family.

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IN THE SUPREME COURT OF VICTORIA

AT MELBOURNE

COMMON LAW MAJOR TORTS DIVISION

No. S CI 1991 07835

BETWEEN

ROBERT JOHN WHYMAN (AS ADMINISTRATOR REPRESENTING THE ESTATE OF BEVERLEY SYLVIA WHYMAN)

First Plaintiff

- and -

ROBERT JOHN WHYMAN (AS ADMINISTRATOR AD LITEM REPRESENTING THE ESTATE OF RUSSELL THOMAS MOORE)

Second Plaintiff

- and -

STATE OF VICTORIA

Defendant

(the Proceedings)

Background

  1. Beverley Sylvia Whyman (Beverley) was a member of the Wemba Wemba people.
  2. On 31 January 1963, when Beverley was a minor aged 15 years, she gave birth to a child, Russell Thomas Moore (Russell).
  3. On or around 13 February 1963, Beverley signed a consent for the adoption of Russell and gave it to officers of the Aborigines Welfare Board (the Board).
  4. On or about 19 February 1963, Beverley signed a revocation of her consent.
  5. On or around 22 February 1963, Beverley signed a second consent form and gave it to officers of the Board.
  6. The plaintiffs contend that Beverley’s consent was not an informed, freely given or valid consent.
  7. There is no record on the files held by the State of Victoria that the Board ever contacted Russell’s father, Frank Whyman, about the adoption of Russell.
  8. On 4 March 1964, the County Court of Victoria made an order for the adoption of Russell to the Savage family.
  9. Russell spent the remainder of his childhood in the Savages’ custody. The Savages moved to several towns around Victoria, then to Western Australia, and ultimately to the United States of America.
  10. Russell’s removal from his family and culture had devastating consequences for him. As a minor, he began experiencing substance abuse problems and was institutionalised at age 15 by the United States criminal justice system.
  11. By the time Russell was released from detention in 1980 at age 17, he and the Savages had lost contact. He was homeless in the United States.
  12. In or around 1983, the Savages returned to Australia with their biological children.
  13. In 1988, Russell was charged with serious criminal offences. Beverley was informed that Russell was still alive in the United States and subsequently flew to Florida to give evidence at his trial and to reunite with her son. Russell was ultimately convicted and received a lengthy custodial sentence.
  14. In 1991, Beverley and Russell commenced the proceedings against the State of Victoria.
  15. After his conviction, Russell, with the support of Beverley, unsuccessfully sought to return to Australia to serve out his remaining sentence in an Australian prison.
  16. Beverley and Russell did not see each other again before their respective deaths in 2017 and 2021.
  17. On 20 May 2022, Robert Whyman (Robert) applied for and was granted letters of administration in respect of the Estate of Beverley, and letters of administration ad litem in respect of the Estate of Russell.
  18. On 4 April 2023, Robert was substituted as the plaintiffs in the proceeding against the State of Victoria, representing the Estates of Beverley and Russell.

Acknowledgements

The State of Victoria acknowledges the following matters:

  1. The law in place at the time of Russell’s adoption did not provide adequate protection for Beverley’s rights and interests when giving her consent to the adoption.
  2. The consequences of Russell and Beverley being separated from each other until 1989, when they were reunited briefly, were for Russell ultimately catastrophic and for Beverley seriously damaging.
  3. The consequences of Russell and Beverley being separated from each other after 1989 for the remainder of their lives, and of Russell being separated from his siblings and extended family for the remainder of his life, were deep pain, suffering, trauma and ongoing grief.
  4. These consequences are an outcome of the inadequacy of the legal protections for Russell and Beverley at the time of Russell’s adoption.

Apology

The State of Victoria unreservedly apologises to Robert, who is acting on behalf of the Estates of Russell and Beverley, and to Russell’s and Beverley’s entire family for these injustices that they have experienced over the course of their lives.

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