Stephen Kenny (lawyer)

Stephen Kenny is a prominent Australian lawyer. He acted as the original lawyer for David Hicks, a Guantánamo Bay detainee and other Australians overseas including Julian Assange and Robert Langdon [1]. Kenny also acts for native title groups across Australia.[2][3]

Kenny has practiced as a barrister and solicitor in Australia for over 30 years. He has maintained a strong interest in civil liberties and is the past Chairperson of the South Australian Council for Civil Liberties. Throughout his career, Kenny has acted for Indigenous people, including on personal and native title land claim matters as well as undertaking pro-bono work for migrant families and community groups.

In the 1990s he acted for the Ngarrindjeri during the Hindmarsh Island bridge controversy.[3] Kenny acted for the Ngarrindjeri men during the Hindmarsh Island Royal Commission and later acted as instructing solicitor for Doreen Kartinyeri in the High Court. Kartinyeri v Commonwealth [1998] HCA 22 (popularly known as the Hindmarsh Island bridge case) is the leading Australian constitutional case on the power of the Commonwealth government with respect to its dealings with Aboriginal people.[4]

Kenny has acted for Aboriginal groups in relation to 9 successful native title determinations [5] and negotiated the first native title petroleum agreements. Kenny represents Aboriginal native title corporations and has been the lawyer for a number of groups for over 30 years.[6]

In January 2002 after reading press reports of the detention of David Hicks at Guantánamo Bay, Kenny offered his services to his Adelaide family. With permission of the family, Kenny commenced legal proceedings in the United States for a Writ of Habeas Corpus against President Bush and the US Military who were detaining Hicks. Known as Rasul v. Bush, the legal proceedings resulted in the United States Supreme Court ruling that Guantánamo Bay was within the jurisdiction of the US Courts. This led to a number of other detainees taking action against their detention in US Federal Courts.[7]

From 2010 Kenny acted for Robert Langdon, a former Australian solider imprisoned in Afghanistan. Mr Langdon was released in 2016. [8]

In 2022 Kenny was appointed as the Australian Solicitor for Julian Assange who returned to Australia in July 2024.[9]

In 2025 Kenny acted as instructing solicitor, with his colleague, Leonora Herweijer, in the successful High Court appeal of Stuart v State of South Australia [2025] HCA 12 on behalf of the Arabana People. In a 7-0 judgement the High Court confirmed that connection can be met by spiritual connection.[10]

Awards

In 2004, Kenny won the Knights of the Southern Cross Social Justice Award and the Human Rights and Equal Opportunity Commission Law Award.

He was nominated for the Australian of the Year Awards in 2005.

Kenny has won the 2010 Law Society of South Australia's justice award.[11]

Kenny was a finalist for the 2014 Law Council of Australia Law Award.[12]

References

  1. ^ "Aussie 'lucky to survive' Afghan jail". SBS News. 6 January 2011; "Stephen Kenny, Julian Assange's Australian lawyer, speaks to SBS". SBS News. 10 June 2023.; "Welcome home Julian Assange". Camatta Lawyers. July 2024.
  2. ^ "Hicks victim of 'orchestrated' abuse: lawyer, Stephen Kenny". PM. Australia: ABC News. 13 May 2004.
  3. ^ a b Kenny, Stephen (17 May 2005). Hicks and the Geneva Convention, Hindmarsh and Native Title (Speech). Sir Richard Blackburn Lecture, 2005. Law Society of the Australian Capital Territory. Retrieved 12 April 2018.
  4. ^ Kartinyeri v Commonwealth [1998] HCA 22
  5. ^ For example: Dodd v State of South Australia [2012] FCA 519 ; Lander v State of South Australia [2012] FCA 427; Ah Chee v State of South Australia [2014] FCA 1048  ; O'Donnell on behalf the Wilyakali Native Title Claim v State of South Australia [2023] FCA 1000; Oliver Brown, "Federal Court formally recognises Wilyakali people's native title claim over land in SA". ABC News. 29 August 2023; Elizabeth Byrne, "SA native title owners welcome win over rights to parcel of land in state's far north". ABC News.. 9 April 2025; Dechlan Brennan, "Arabana people welcome Native Title win". National Indigenous Times. 10 April 2025; "Federal Court awards native title over Lake Eyre". ABC News. 22 May 2012.
  6. ^ Stephen Kenny. Camatta Lawyers.
  7. ^ Biography Archived 19 September 2006 at the Wayback Machine 44th National Youth Conference, Adelaide, July 2005
  8. ^ "Aussie 'lucky to survive' Afghan jail". SBS News. 6 January 2011.
  9. ^ "Stephen Kenny, Julian Assange's Australian lawyer, speaks to SBS". SBS News. 10 June 2023.
  10. ^ Stuart & Ors v State of South Australia & Ors. High Court of Australia.; Andrew Gay, et al., "High Court confirms Native Title Act connection can be met by spiritual connection". Ashurst. 9 September 2025.; "The firm celebrates a 7-0 win for the Arabana People in the High Court". Camatta Lawyers. August 2025; Leonora Herweijer. Camatta Lawyers.
  11. ^ "Lawyer hailed for pro bono work". The Sydney Morning Herald. 1 September 2010. Retrieved 12 April 2018.
  12. ^ Law Award (sponsored by the Law Council of Australia). Australian Human Rights Commission. 30 January 2013.


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