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NSW Bill to permit courts to set aside child sexual abuse settlement agreements
23 December 2020 | Insurance & Health LawA 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...
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Procedural fairness and capacity in historical claims: Court grants permanent stay
8 December 2020 | Insurance & Health LawTrigger 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...
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The widening scope of vicarious liability in sexual abuse claims and beyond
3 November 2020 | Insurance & Health LawTrigger warning: This article contains details about sexual abuse of children which may be upsetting for some readers. Reader discretion is advised. The NSW Supreme Court found that a company operating a childcare centre was vicariously liable for...
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Application to set aside settlement agreements and leave to commence an action for child sex abuse granted
4 September 2020 | Insurance & Health LawTRIGGER WARNING: This article contains details about sexual assault which may be upsetting for some readers. Reader discretion is advised. The plaintiff was subject to sexual, physical and mental abuse between 1954 and 1961 whilst he was living at the...
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Assessing economic loss in historic child abuse claims
2 September 2020 | Insurance & Health LawThe case relates to historic sexual abuse committed by a teacher upon a student at Myrtleford Primary School in the 1980’s. In Issue The proceeding involved an assessment of damages, and in particular, a detailed analysis regarding the calculation...
