Kathleen Folbigg, an Australian woman previously labelled as the nation’s worst serial killer, is currently navigating a state of uncertainty as she awaits compensation following her exoneration for the wrongful conviction of murdering her four children—Caleb, Patrick, Laura, and Sarah. After spending two decades imprisoned, Folbigg’s conviction was overturned in 2023, allowing her to regain her freedom. Now residing in Newcastle, her efforts to restart her life have been hindered by the New South Wales (NSW) government’s inaction regarding her compensation request.
Instead of pursuing a lengthy legal battle against the government for wrongful imprisonment, Folbigg’s lawyer, Rhanee Rego, has opted for an ex gratia payment—essentially a voluntary financial compensation offered without legal obligation—seeking a more straightforward approach. NSW Attorney-General Michael Daley, who has the authority to approve this payment, has yet to meet with Folbigg to discuss the request.
Rego has stated that establishing an appropriate figure for the compensation is complicated due to the uniqueness of Folbigg’s case. Criminologist Xanthe Mallett suggested that a compensation amount of around $20 million would be fair, equating to roughly one million dollars for each year of Folbigg’s wrongful incarceration. However, without government action, Folbigg’s hopes of financial recovery remain uncertain.
Premier Chris Minns highlighted the rarity of making such payments outside of civil court proceedings and endorsed the attorney-general’s decision to refrain from pre-making meetings before deciding on the matter. Folbigg’s situation draws attention to historical instances in Australia where individuals have successfully sought compensation after wrongful convictions. Notably, David Eastman secured $3 million from the ACT government after 19 years of wrongful imprisonment, later challenging the amount to receive $7 million. Similarly, Henry Keogh was awarded over $2.5 million by the South Australian government after his own wrongful conviction for murder was overturned.
As Folbigg waits for a resolution, she finds herself in a difficult position of limbo—a stark contrast to the life she hopes to rebuild, as she claims the NSW government has neglected her request for the justice she seeks post-incarceration.