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Abstract
The Federal Solicitor General, David Bennett QC, has described Federal Court Justice O'Loughlin's treatment of the issue of consent in Cubillo v Commonwealth (2000) 174 ALR 97 (Cubillo) as ‘very careful compassionate and sensitively considered’. Ironically, this description almost perfectly echoes O'Loughlin's own assessment of the Director of Native Affairs' decision to remove Peter Gunner from his family—creating a paper chain of white Anglo-Australian men congratulating white Anglo-Australian men on their judgments in decisions regarding Aboriginal peoples' lives.