Blog
Category: Abuse Claims
My personal injury matter is going to a ‘compulsory conference’ – what should I expect?
Going to a compulsory conference for your personal injury matter can be confusing, particularly when you are not sure what to expect. We make every effort to make sure our clients understand the process so that they are as comfortable as possible when attending their compulsory conference.
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Court dismisses child sexual abuse claim due to inconsistencies in evidence
On 30 May 2024, the Supreme Court of Queensland dismissed a child sexual abuse claim for damages related to abuse alleged to have occurred at school in 1999. This case provides rare guidance as to what the Court might consider when determining claims relating to historical sexual abuse allegations.
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High Court overturns permanent stay in child abuse case
In November 2023, the High Court handed down its decision in respect of the child sexual abuse claim, “GLJ v The Trustees of The Roman Catholic Church for The Diocese of Lismore [2023] HCA 32”. The High Court has overturned the earlier decision of the NSW Court of Appeal, paving the way for the abuse survivor to seek compensation.
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A guide to personal injury claims – the types of claims, the differences and the similarities
When a person is injured and considering whether or not to make a claim for compensation, it can be very difficult to understand what type of personal injury claim they should make. Personal injury claims involve complex legal concepts and jargon, which make the whole process even more confusing.
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Refunding Centrelink after a personal injury compensation settlement
When someone is successful with their personal injury claim and receives compensation, there are certain amounts that may need to be taken out of the settlement or paid back by the claimant. Examples of this include NDIS payments, Medicare payments, and income protection insurance and private health insurance payments.
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Finalising your personal injury claim once settlement is agreed
When parties involved in a personal injury claim finally reach an agreement to settle, it can be a big relief for the injured person. However, although a bulk of the “heavy lifting” is over, there are still a few processes that need to be completed until the settlement funds can be paid to the claimant.
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Benefits of Mental Health First Aiders in a personal injury law firm
In 2021, our team members, Luke Ingham-Myers and Ashleigh Shea undertook training with Mental First Aid Australia to become accredited Mental Health First Aiders. Learn more about how this helps us deliver our services to clients going through some of the most difficult periods of their lives.
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Do I sue the school or the teacher for child abuse at school?
When an abuse survivor contacts us about the possibility of recovering compensation due to sexual, physical and/or psychological abuse at school, they often think they’ll be suing the individual teacher or staff member who abused them. In fact, historical abuse survivors will actually sue the school and not the teacher or staff member personally.
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Information your lawyer will need to start your personal injury claim
It can sometimes be overwhelming when you first engage a personal injury lawyer, just how much information they require. It’s helpful to understand what information your lawyer will seek early on in your personal injury claim.
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Abuse survivor takes case to the High Court after NSW Court of Appeal orders a permanent stay
Many institutions responsible for perpetrating child abuse are trying to escape the need to provide justice through compensation to those survivors. One way they are doing this is by asking the Court to effectively ‘throw out’ a survivor’s legitimate claim. But one survivor, ‘GLJ’, decided enough was enough and, in early July 2023, took her case against the Catholic Church to the High Court of Australia.
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Court of Appeal upholds decision to permanently stay abuse compensation claim
Joanne Willmot, a survivor of child sexual and physical abuse, brought a claim for compensation against the State of Queensland, due to abuse as a minor in the late 1950’s and 1960’s. The matter went to the Supreme Court which ordered a permanent stay of proceedings. An appeal saw that original decision upheld.
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Common law claims due to child sexual abuse
Many survivors of child sexual abuse will choose to pursue a common law claim as it does not have a maximum limit on the damages that could be paid. There is also no time limit on lodging a common law claim due to child sexual abuse.
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