Federal and NSW governments strengthen the rights of historical child sexual abuse survivors14 April 2021 | Insurance & Health Law
Legislative changes at the Commonwealth and NSW level aim to bolster the rights of survivors of child sexual abuse. It is expected that the changes will improve the efficiency of the National Redress Scheme for Institutional Child Sexual Abuse and provide a better footing for survivors in NSW to...
Defendant’s request for further psychiatric examination was unreasonable6 April 2021 | Insurance & Health Law
The Defendant was unsuccessful in an application for stay of proceeding as the request to have the plaintiff submit to a further psychiatric examination was unreasonable.
Application for stay refused in historical child sex abuse action11 March 2021 | Insurance & Health Law
The plaintiff claimed damages arising from allegations of child sexual abuse committed whilst he was in the care of the defendant at a Mission between 1960 and 1966. The defendant applied to set aside and permanently stay the action, based on the fact that the alleged offending occurred 56 years...
Court orders permanent stay for historical abuse claim2 February 2021 | Insurance & Health Law
Trigger Warning: This article contains details about sexual assault which may be upsetting for some readers. Reader discretion is advised. This was a successful application for a permanent stay of historical abuse proceedings in circumstances where no...
NSW Bill to permit courts to set aside child sexual abuse settlement agreements23 December 2020 | Insurance & Health Law
A draft bill will be introduced to the NSW Parliament in early 2021 which if passed will grant courts the power to set aside child sexual abuse settlement agreements entered into before the 2016 and 2018 child sexual abuse reforms. The background A draft...
Procedural fairness and capacity in historical claims: Court grants permanent stay8 December 2020 | Insurance & Health Law
Trigger warning: This article contains details about child sexual abuse which may be upsetting for some readers. Reader discretion is advised. The plaintiff claimed damages for personal injuries sustained as a result of historical sexual abuse by the...