Category: Abuse Law
Death of 11-week-old baby leaves government department open to being sued for compensation
In November 2018, a distressing incident in regional South Australia exposed the dark reality of child neglect and systemic failures in child protection services. Government departments and other organisations and institutions have a duty to protect children under their care from harm.
Investigation into historical abuse at Wolston Park Mental Health in Queensland
In a significant development, the Queensland government has announced an investigation into Brisbane's Wolston Park mental health institution following an ABC report that uncovered historical allegations of sexual, psychological and physical abuse at the facility.
Anglican Church defends position in child sexual abuse case against the WACA
In court proceedings in Western Australia, the Anglican Church finds itself at the centre of a complex case involving historical child sexual abuse. Two survivors of child sexual abuse are seeking to include the Church (as a further defendant) in proceedings related to abuse they endured at the hands of an employee of the Western Australian Cricket Association.
Supreme Court NSW denies child sexual abuse survivor to revisit settled claim
We review a NSW Supreme Court decision to refuse the application made by a child sexual abuse survivor to set aside a deed of settlement in respect of a previously settled abuse compensation claim against Knox Grammar School.
Child sexual abuse and exploitation of power in Australian schools
The 2024 sentencing of WA teacher Nicholas Visser, for child sexual abuse crimes, exposes the dark reality of individuals entrusted with the well-being and education of students. This blog explores the impact of child sexual abuse on victims and the compensation avenues available.
Systemic failures in preventing abuse in Victorian schools
In a harrowing inquiry into child sex abuse at Victorian state primary schools, survivor stories of heartbreak and devastation have emerged. The focal point of this investigation is Beaumaris Primary School, however, the inquiry is looking at 24 schools where four alleged perpetrators worked over 40 years.
High Court grants leave to appeal child sexual abuse decision
In 2023, GLJ (a pseudonym) took their case to the High Court of Australia seeking leave to appeal a decision granting a stay of the proceedings in their child sexual abuse case. The High Court granted the appeal, overturning the decision of the New South Wales Court of Appeal.
Abuse compensation due to negligence of sporting associations
In the realm of sports, the revelation, in late 2023, surrounding Perth Wildcat Kendal “Tiny” Pinder exposes the unsettling reality of sporting “heroes”. Pinder’s on-court success overshadowed his off-court predatory actions and now, former Wildcat’s owner, Bob Williams, faces a groundbreaking civil action for failing to protect young fans from Pinder’s predatory actions.
Beaumaris Primary School child sexual abuse inquiry expands
The Victorian Government’s Board of Inquiry into child sexual abuse claims in Beaumaris Primary School and other government schools has taken a significant turn as it expands its scope to include six additional schools and uncovers allegations against two previously unnamed teachers.
Child abuse claims - can they be thrown out of court?
In this article we will consider what is a ‘stay of proceedings’ and look at what a court might consider to grant an application for a permanent stay of proceedings in child abuse claims.
Emerging history of Launceston nurse’s acts of sexual abuse
Launceston nurse, James 'Jim' Griffin has been charged by Tasmania Police with more than a dozen offences related to child sexual abuse. We believe there may be a basis to allege that the departments and organisations involved, breached their duty of care.
Achieving the best compensation for survivors of childhood abuse
Historically, the lasting consequences of child abuse, particularly (PTSD, has prevented survivors throughout Australia from accessing the compensation they rightfully deserve. In this article, we look at the primary differences between compensation via the National Redress Scheme and a common law claim due to someone else’s negligence.