Yesterday, the Civil Liability Amendment (Child Abuse) Bill 2021 was introduced in NSW. The Bill has two objectives:
- to enable courts to set aside certain agreements that settled claims for child abuse where it is just and reasonable to do so, and
- to ensure that Part 2A of the Act does not restrict awards of damages for child abuse.
If passed, the new legislation will have a significant impact on insurers managing historic child abuse claims, particularly those who settled claims before the 2016 amendments to the Limitation Act 1969.
In this update, W+K’s Greg Carruthers-Smith, Sean O’Connor and Patrick Thompson provide a brief overview of the Bill and look at some of the issues it raises for insurers.
Click on the download below to read the full update.