Undefended damages assessment from the NSW District Court
14 June 2024This case update concerns an undefended damages assessment.
6 June 2024
An update on the Victorian Court of Appeal dismissing an appeal regarding a potential reduction of an economic loss claim.
3 May 2024
In this case update, we consider the question — when is it appropriate to set aside a Settlement Deed?
18 March 2024
An update on the hearing before the full bench of the High Court.
1 March 2024
The appeal of Bird v DP (A Pseudonym) continues to proceed through the High Court.
22 February 2024
Is this the "second wave" of claims?
10 November 2023
The High Court has overturned the decision of the NSW Court of Appeal to permanently stay proceedings arising from sexual abuse that occurred over 55 years prior.
5 September 2022
A key recommendation of the Royal Commission was the removal of limitation periods to claims for personal injury that arise from sexual abuse occurring during childhood; all Australian states and territories have legislated to adopt this recommendation with retrospective effect.
2 September 2022
The Trustees, represented by Sparke Helmore, were granted a permanent stay of the proceedings brought by BRJ.
Disclaimer on the provision of relevant legislation and regulations - Abuse claims are governed by the relevant legislation, case law, court rules, and the inherent power of the court in each jurisdiction. The following is not an exhaustive list of relevant legislation. We have not provided detail where an Act overrides the powers of another Act. Current as at August 2022.
General Resources
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Judgment – BRJ v The Corporate Trustees of The Diocese of Grafton
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National Redress Scheme for Institutional Child Sexual Abuse
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National Redress Scheme for Institutional Child Sexual Abuse Act 2018
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Finity - d'finitive National Redress Scheme and civil liability update
State-based legislative arrangements
Queensland | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitations of Actions Act 1974 | Section 11A |
Setting aside settlement agreements | Limitations of Actions Act 1974 | Section 48 |
Liability of institutions | Civil Liability Act 2003 | Part 2A of Chapter 2 |
Stay of Proceedings | Uniform Civil Procedure Rules 1999 Limitations of Actions Act 1974 |
Section 16(g) Section 11A |
New South Wales | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation Act 1969 | Section 6A |
Setting aside settlement agreements | Civil Liability Act 2002 | Part 1C |
Liability of institutions | Civil Liability Act 2002 | Part 1B |
Stay of Proceedings | Civil Procedure Act 2005 Limitation Act 1969 |
Section 67 Section 6A |
Victoria | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation of Actions Act 1958 | Sections 27O and 27P |
Deeds | Limitation of Actions Act 1958 | Sections 27QD and 27QE |
Liability of institutions | Legal Identity of Defendants (Organisational Child Abuse) Act 2018 Wrongs Act 1958 |
Part XIII |
Stay of Proceedings | Limitation of Actions Act 1958 Supreme Court (General Civil Procedure) Rules 2015 |
Section 27R Regulation 23.1 |
Australian Capital Territory | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation Act 1985 | Section 21C |
Setting aside settlement agreements | Justice and Community Safety Legislation Amendment Bill 2022 currently before the Legislative Assembly. The Bill amends the Civil Law (Wrongs) Act 2002 to set aside unjust institutional child abuse settlement agreements | Part 8A.3 (proposed) |
Liability of institutions | Civil Law (Wrongs) Act 2002 | Chapter 8A |
Stay of Proceedings | Limitation Act 1985 | Section 21C |
South Australia | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation of Actions Act 1936 | Section 3A |
Setting aside settlement agreements | Civil Liability Act 1936 | Part 7B |
Liability of institutions | Civil Liability Act 1936 | Part 7A |
Stay of Proceedings | Uniform Civil Rules 2020 Limitation of Actions Act 1936 |
Rule 12.1 (2)(o) Section 3A |
Tasmania | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation Act 1974 | Section 5B |
Setting aside settlement agreements | Limitation Act 1974 | Section 5C(3) |
Liability of institutions | Civil Liability Act 2002 | Part 10C |
Stay of Proceedings | Supreme Court Rules 2000 |
Northern Territory | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation Act 1981 | Section 5A |
Setting aside settlement agreements | Limitation Act 1981 | Sections 53(2) and 54 |
Liability of institutions | The Personal Injuries (Liabilities and Damages) Amendment Bill 2022 passed the Assembly in March 2022, but has not yet been assented to by the Administrator. The Bill amends the Personal Injuries (Liabilities and Damages) Act 2003. | Part 3A (proposed) |
Stay of Proceedings | Northern Territory of Australia Supreme Court Rules | Order 23.01; inherent court power |
Western Australia | ||
---|---|---|
Issue | Legislation | Relevant Sections |
Limitation | Limitation Act 2005 | Section 6A |
Setting aside settlement agreements | Limitation Act 2005 | Section 92 |
Liability of institutions | Civil Liability Act 2002 | Part 2A |
Stay of Proceedings | Limitation Act 2005 District Court Rules 2005 District Court Act 1969 (WA) Supreme Court Act 1935 (WA) |
Section 6A Rule 24 (2) (p) Sections 6 and 50 Section 16 (1) (d) (i) |
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