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  1. Court of Appeal overturns landmark abuse claim

    18 August 2022 | Insurance & Health Law

    The NSW Court of Appeal has overturned the decision of a lower court and, in the process, provided some much needed guidance on common evidentiary issues presenting in abuse claims.

  2. Permanent stays: when a fair trial is possible

    16 August 2022 | Insurance & Health Law

    The Supreme Court of Victoria has declined to order a permanent or even temporary stay for a historical abuse claim from the 1970s.

  3. Limitation period extended in foster care sexual abuse case

    7 July 2022 | Insurance & Health Law

    The Queensland Court of Appeal held that new evidence of prior knowledge by the respondents of sexual misconduct by a foster child placed in the appellant’s care was a ‘material fact of a decisive character’ under section 31 of the Limitation of Actions Act 1974. The court made an order to...

  4. NSW Court of Appeal reverses lower court decision and grants permanent stay of historical abuse claim

    1 July 2022 | Insurance & Health Law

    Permanent stay application granted on appeal in respect of historical abuse claim where the alleged perpetrator died in 1996.

  5. Sexual abuse claim from 1966 permanently stayed

    29 June 2022 | Insurance & Health Law

    Application by Defendant to permanently stay proceedings successful in case where alleged abuse occurred over 5 decades ago.

  6. Permanent stay of proceedings – an exceptional remedy

    29 June 2022 | Insurance & Health Law

    The granting of a permanent stay of proceedings is an exceptional remedy appropriate only in exceptional circumstances. The Court of Appeal considers whether an absence of evidence in claims alleging abuse is sufficiently ‘exceptional’.

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