Abuse & neglect insights blog

Quality and consistency through collaboration

Abuse & neglect insights blog

Abuse & Neglect Insights Blog

Sparke Helmore has a deep history of supporting institutions including government, community, not for profit and faith based organisations in their response to abuse claims. We balance the recognition that this is a traumatic experience for the claimant with the need to ensure that our clients are able to access all the important information to respond efficiently and comprehensively. Being connected with developments in the law and across different organisations means that we are able to add value and insights to our clients response from the outset. This blog is a way to bring many of our insights and resources together in one place to support you in these sensitive claims.

Feature

What is Serious Physical Abuse for the purposes of s 6A of the Limitation Act?

25 March 2026 | 4min

Emily McKeowen
Partner

Emily McKeowen
Partner
Sparke Helmore Lawyers
t: +61 2 9260 2404

Emily is a highly regarded insurance litigator with 20 years of experience in general liability claims (personal injury, property damage and product liability). Emily is recognised for her pragmatic, proactive, commercial and technical approach to claims management and client solutions.

What is Serious Physical Abuse for the purposes of s 6A of the Limitation Act?

On 24 March 2026, the Court of Appeal unanimously dismissed Mr Hartnett's appeal on all grounds, addressing five key issues.

Commentary, updates, insights

High Court expands doctrine of non-delegable duty in relation to institutional liability for child sexual abuse

13 February 2026 | 4min
The High Court of Australia has held that in circumstances where a non-delegable duty of care is owed, the duty holder may be liable for the intentional criminal conduct of its delegates.

The test to set aside a previous settlement agreement - State of New South Wales v LSR3

15 October 2025 | 3min
The New South Court of Appeal recently handed down its decision in State of New South Wales v LSR3 [2025] NSWCA 151.

Bird v DP (A Pseudonym): What are the bounds of vicarious liability?

15 November 2024 | 3min
The High Court has unanimously confirmed that for a finding of vicarious liability there must be a relationship of employment.

Undefended damages assessment from the NSW District Court

14 June 2024 | 3min
This case update concerns an undefended damages assessment.

Comensoli v WQA - Social security payments can be ignored in historical abuse claims

6 June 2024 | 2min
An update on the Victorian Court of Appeal dismissing an appeal regarding a potential reduction of an economic loss claim.

EXV v Uniting Church in Australia Property Trust

3 May 2024 | 3min
In this case update, we consider the question — when is it appropriate to set aside a Settlement Deed?

High Court case update - Bird v DP (A Pseudonym)

18 March 2024 | 3min
An update on the hearing before the full bench of the High Court.

Vicarious liability in the context of historic abuse claims - High Court - DP v Bird

1 March 2024 | 2min
The appeal of Bird v DP (A Pseudonym) continues to proceed through the High Court.

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Contacts

Shelley Leembruggen
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o: Canberra

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o: Adelaide

Emily McKeowen
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t: +61 2 9260 2404+61 2 9260 2404
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o: Sydney

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o: Brisbane