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.
4 July 2022
Late last year, the Supreme Court of Victoria handed down judgment for the largest award of damages in a historical sexual abuse claim.
13 June 2022
The recent decision of Lenscak v Trustees of the Marist Brothers & Ors (No 2) arguably expands a defendant’s duty of disclosure regarding prior complaints.
19 April 2022
Two judgments handed down in 2020 relate to the validity of the Deeds of Release entered by victims of historical sexual abuse.
16 March 2022
This case note considers the issue of costs arguments against the background of Lonergan v Trustees of The Sisters of Saint Joseph & Anor  VSC 651.
3 February 2022
Late last year, the Supreme Court of Tasmania awarded damages of $5.3 million to the victim of historical sexual abuse.
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.
State-based legislative arrangements
|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
|New South Wales|
|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
|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
|Stay of Proceedings||Limitation of Actions Act 1958
Supreme Court (General Civil Procedure) Rules 2015
|Australian Capital Territory|
|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|
|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)
|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|
|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|
|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)
Rule 24 (2) (p)
Sections 6 and 50
Section 16 (1) (d) (i)