Child Sexual Abuse
2nd Sep 2021
A proposed amendment to the NSW Civil Liability Act will enable courts to set aside unfair settlements involving survivors of institutional child abuse. Con Ktenas discusses fairer compensation for victims, eliminating legal barriers to compensation, and the introduction of advance child abuse compensation payouts.
1st Jul 2021
Pleadings are required to identify the issues of the case, to articulate the nature and content of the claims, and to provide the defendant with a fair opportunity to meet the case. In her two-part series, Amanda Do discusses two Supreme Court of NSW judgments that clarify the level of detail required in pleadings, in particular with regard to claims of institutional abuse. The second judgment discussed is the case of Niass v State of NSW.
23rd Nov 2020
Lawyers in Tasmania have welcomed today’s announcement that a Commission of Inquiry into sexual abuse in government institutions will be held, but caution that the Inquiry’s terms of reference must not be too restrictive.
Developments in institutional liability for sexual assault: SMA v John XXIII College (No.2)  ACTSC 21127th Aug 2020
Angela Sdrinis discusses the recent case of SMA v John XXIII College (No.2)  ACTSC 211, which explored the liability of a university residential college for a sexual assault. The case shows that in some circumstances the common law is evolving to recognise that institutions should be held liable for the intentional torts of another person (even if they are not an employee) against vulnerable adults.
18th Jun 2020
The payment of JobKeeper moneys to the Catholic Church and priests is an example of hypocrisy by the Church, the Australian Lawyers Alliance (ALA) said today.
18th Apr 2019
Greg Barns argues against Peter Dutton's proposal to establish a National Public Register of Child Sex Offenders.
7th Mar 2019
Dimi Ioannou calls for reform of the Victorian sexual abuse compensation scheme, particularly in light of George Pell's recent conviction.
9th Mar 2018
Unnecessarily strict eligibility requirements mean that many of the most vulnerable survivors of institutional child abuse in New South Wales and Victoria will miss out on accessing the Commonwealth’s Redress Scheme, the Australian Lawyers Alliance (ALA) said today.
15th Jun 2017
This recent Supreme Court of Victoria Court of Appeal decision permanently stayed proceedings relating to the alleged sexual assault of a minor in 1968.
24th Mar 2016
Over the last decade, the issue of child sex abuse, and the barriers to justice for survivors or child abuse, are finally being dealt with by governments and institutions throughout the Western world. Here are the recent developments...