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School found negligent for historic abuses perpetrated by a volunteer on and off its premises
4 November 2021 | Insurance & Health LawHistoric child sexual abuse perpetrated by a volunteer, and not employee, of the defendant (on and off the defendant’s premises). Defendant found not to be vicariously liable for the perpetrator’s conduct but found to have been negligent in failing to identify, prevent and stop the abuse both...
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Victorian Supreme Court considers prior deed set-off approach and occupational trajectory in historical abuse claim
1 November 2021 | Insurance & Health LawIn awarding damages flowing from a historical sexual abuse claim, the Supreme Court revisits a prior deed and determines various important issues associated with ‘set off’ provisions, analysis of alleged vocational and occupational trajectory in the context of economic loss, interest...
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Quantifying damages in historical sexual assault claims
28 October 2021 | Insurance & Health LawVictim of historic sexual assault awarded in excess of $1.2 million despite conflicting contemporaneous and expert evidence.
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Permanent stay application refused in historical abuse proceeding against religious institution
25 October 2021 | Insurance & Health LawThe Supreme Court of New South Wales has refused an application for a stay of proceedings in respect of a historical sexual abuse claim commenced in 2020, where the assault was said to have occurred in 1968 and the alleged perpetrator died in 1996
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Recent Queensland damages award in historic abuse claim
6 October 2021 | Insurance & Health LawThe Queensland Supreme Court recently awarded damages in the amount of $1,456,524.15 to a plaintiff in relation to a claim for historic sexual abuse against his former schoolteacher.
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When is tendency evidence admissible in alleged abuse cases?
27 August 2021 | Insurance & Health LawA ruling on the admissibility of tendency evidence from victims of sexual abuse who gave evidence at a criminal trial.
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