When is tendency evidence admissible in alleged abuse cases?27 August 2021 | Insurance & Health Law
A ruling on the admissibility of tendency evidence from victims of sexual abuse who gave evidence at a criminal trial.
Inculpatory documents are not necessarily “material”: District Court dismisses application to extend limitation period27 August 2021 | Insurance & Health Law
The District Court of Queensland has dismissed an application to extend a limitation period, concluding that two reports containing comments adverse to the respondents did not contain any material facts of a decisive character.
Historical abuse proceedings against religious institution permanently stayed9 August 2021 | Insurance & Health Law
The Victorian Supreme Court has granted an application by a religious institution for a permanent stay of a case involving alleged sexual abuse committed by a priest against an altar boy in the early 1980s.
Victorian Supreme Court confirms alleged perpetrator right to self-incrimination privilege in context of defending civil proceeding allegations26 July 2021 | Insurance & Health Law
The Victorian Supreme Court has recently considered the operation of s 128 of the Evidence Act 2008 (Vic) (the Act) and whether it was in the interests of justice to require an alleged perpetrator of sexual abuse to give evidence in civil proceedings. His Honour rejected the defendant’s...
Historic child sexual abuse claim - three insurers liable to indemnify school6 July 2021 | Insurance & Health Law
The plaintiff was subjected to sexual abuse when she attended Helena College between 1986 – 1990. The plaintiff settled her claim against Helena College Council Inc (trading as Helena College) (Helena College). Helena College then proceeded with its third party claims against three separate...
Historic abuse claim fails against foster parents3 June 2021 | Insurance & Health Law
The case involved a claim of historic sexual abuse and failure to help after notification, arising out of a foster parent / child relationship. The case required the trial judge to make numerous findings of fact in a difficult and complex evidentiary matrix. A legal determination was also made on...