A landmark case challenging a controversial settlement in the Vietnam War has been heard in the High Court in Canberra.
The High Court heard the first legal challenge against the Hoa settlement on Tuesday, with lawyers representing some of the claimants in the case saying the decision to give the Hoas an extra $1bn a year in compensation was not “fair” to them.
Key points:A High Court judge has found the Government did not comply with the Australian Taxation Office (ATO) obligations to give $1 billion to the Hoan family in 2017The Government says the $1.6bn settlement was “fair and reasonable”The case is one of a number of major cases in the legal field, including the High-Level Dispute Settlement Agreement (HDSSA) and the High Dispute Resolution (HDRA) cases, which seek compensation for claims by people who were forced to leave the country in the aftermath of World War II.
Key Points:The case involves the families of nine Vietnam War veterans who were victims of the war, including a woman who was executed for refusing to give up her children.
The plaintiffs in the dispute say the Government failed to provide adequate financial support to the family in the face of the crisis.
Key facts:The plaintiffs include the Hoans, who were forcibly evicted from their home in Hanoi in January 2017, after a court ruling found they had been illegally evicted, the family’s lawyers said.
The Hanes were forced into exile, with the Government providing $10m in compensation to the victims of their removal.
In the landmark case, which was heard in February 2017, the Government has been charged with failing to provide the Hanes with sufficient financial support in 2017, which amounted to $1,000 per month.
A High court judge has ruled that the Government had not complied with the ATO’s obligations to provide a $1-billion payout to the families in 2017.
The case was filed by the lawyers representing the families, and is the first time a court has found a government was not properly complying with the obligations of the ATo.
In a written ruling issued on Tuesday morning, Judge Daniel Macdonald found the Hans were entitled to $15.8bn in a settlement that would be “generally recognised as fair and reasonable”.
The Hans’ lawyer Michael Risdon said the $15bn figure was “entirely reasonable” but he argued it was not enough to provide sufficient financial assistance to the Hains.
“The Government’s decision to award the families $1 million each was not reasonable or equitable.
It was arbitrary and unreasonable,” Mr Risdel said.
Mr Risden added that the amount was not an amount the Han family would have received had the Government offered them more.
“To give this amount is a total insult to the people of Vietnam, who lost their freedom, their property and their lives,” Mr Lavin said.
He said it was a “shameful” result for the Government.
“We are confident that the Court will reject the Government’s argument that the Hain family’s right to be compensated is outweighed by the Government and its obligations under the HDSSA, HRA and HDRA,” he said.
Topics:law-crime-and-justice,court-and–trials,courts-and+procedures,justice,taxation,tourism,victoria-4540,australiaContact: Adam Macdonald, [email protected],[email protected],[email protected],aol.comRead more about the Vietnam war, war veterans,war-renewal,victorians