NSW Court of Appeal grants permanent stay for institutional defendant

On 9 December 2019, the NSW Court of Appeal granted a permanent stay of proceedings, as sought by an institutional defendant in a matter involving historic child sexual abuse claims. This decision confirms there is scope to obtain a permanent stay where the lack of evidence would unfairly prejudice the defendant. In this article, Meisha […]

Revisiting historical sexual abuse settlements in NSW

A recent decision of the Supreme Court of New South Wales in Magann v Trustees of the Roman Catholic Church of the Diocese of Paramatta [2019] NSWSC 1453 affirmed the “once and for all” effect of a 2007 deed of release between the applicant plaintiff (Magann) and respondent defendant (Diocese). This matter involved Mr Magann […]

$3.5+ million in damages awarded in child sexual abuse case

In this case, Judge Fagan of the NSW Supreme Court assessed damages for a man who suffered a psychological injury following historic child sexual abuse. As a result of the abuse, the plaintiff suffered from post-traumatic stress disorder, major depression, medication-related obesity and other related health issues. The defendant had previously plead guilty to related […]

Re-opening application for institutional child sexual abuse case dismissed

The Supreme Court of Queensland has dismissed an application under s48(5A) of the Limitation of Actions Act 1974 (Qld) to set aside a Deed of Settlement regarding institutional child sexual abuse, on the basis that it was not “just and reasonable” to do so. This judgment bodes well for institutions and their insurers facing re-opening […]

NSW Court of Appeal stays proceedings in historic child sexual abuse claim

The NSW Court of Appeal has ruled that there is scope for defendants, in the context of historic child sexual abuse claims, to apply to permanently stay proceedings on the basis of inability to obtain a fair trial, even though such claims are no longer statute barred under the Limitation Act 1969 (NSW). The circumstances […]

GL Update – key trends and emerging risks in general liability insurance

Welcome to Wotton + Kearney’s GL Update – a snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority […]