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Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another

The Supreme Court of Victoria has handed down its judgment in the matter of Waks v Cyprys & Ors [2020] VSC 44, which involved an assessment of common law damages regarding a claim for historical child sexual abuse.

The Waks decision highlights that awards for general damages in Victorian matters continue to turn on their unique facts and are not bound by damages decisions in other cases. The decision also shows the Court will make appropriate reductions to account for the impact of other unrelated factors.

In this Case Alert, Jonathan Maher and Thomas Ellison explore the impact of the decision for insurers.

© Wotton + Kearney 2020
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