By: Patrick Thompson and Gemma Burke Close to 10 years after the Royal Commission handed down its final report, civil claims for damages arising from child abuse remain a contested, difficult, but important area of law. As more claims are advanced that push against the margins, obtaining clear guidance from the Courts is critical to […]
DJW v State of Queensland [2023] QSC 138 At a glance On 19 October 2023, the Supreme Court of Queensland handed down its decision to permanently stay the proceedings in an historic abuse claim. The claim involved a psychiatric injury that was alleged to have developed due to the sexual and physical abuse of an […]
Garrett v Victorian WorkCover Authority [2022] VSC 623 and Schokman v CCIG Investments Pty Ltd [2022] QCA 38 Two recent decisions – with quite different outcomes – suggest the courts are still grappling with the difficult question of in what circumstances an employer should be found vicariously liable for the wrongful acts of an employee. […]
GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore The High Court of Australia has today granted special leave for the appellant to appeal the decision in The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78, in which the NSW Court of Appeal […]
BRJ v The Corporate Trustees of The Diocese of Grafton [2022] NSWSC 1077 On 2 September 2022, the Supreme Court of New South Wales ordered a stay of both the primary claim and the cross-claim brought by the defendant against the alleged perpetrator in this matter. The judgment is notable as it sets out the […]
Willmot v State of Queensland [2022] QSC 167 On 22 August 2022, the Queensland Supreme Court granted a permanent stay of proceedings involving allegations of sexual and physical abuse dating back to the 1950s and 1960s. This decision highlights the Court’s relevant considerations when granting a permanent stay of proceedings. Cassandra Wills, Emma Bray and […]
The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 The NSW Court of Appeal has overturned a first instance decision and stayed historic child abuse proceedings in circumstances where the alleged perpetrator had died before the allegations were put to him. The case was stayed despite evidence […]
2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]
The number of silicosis claims in Australia is on the rise due to the increasing awareness of the impact of exposure to high concentrations of silica dust generated while working with artificial and engineered stone. Our national panel of W+K’s senior lawyers discuss the wave of silicosis claims, and what this means for Australian companies, […]
