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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.

Karen Jones and Cassandra Wills look at this judgment which bodes well for institutions and their insurers facing re-opening applications in the wake of the Royal Commission. While each case will be determined on its facts, this decision establishes that a Court will be unlikely to set aside a prior settlement if it was the outcome of fair negotiations between the parties.

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