by nevettford | Mar 1, 2024 | Litigation
The recent decision in Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3 demonstrates the continuing trend of courts to award survivors of historical sexual abuse significant damages. In the 1980s Steen, when aged between 9 and 16 was abused by Reverend...
by Claire Stratton | May 18, 2023 | Litigation
The Victorian Supreme Court of Appeal on 3 April 2023 ruled that a Diocese was liable for the criminal acts of an assistant priest as an ‘apparatus of God’ – leaving little scope to separate the intentional wrongs of a member of clergy from the religious... by Tom Drake | Jul 19, 2022 | Litigation, Not for Profit & Social Enterprise
Photo by Nico Smit on Unsplash The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (‘Lismore Trust v GLJ’) On 1 June 2022 the New South Wales Court of Appeal permanently stayed an historical child abuse proceeding. Facts The... by Tarryn Jeffery | May 5, 2022 | Litigation
INTRODUCTION The decision of DP (a pseudonym) v Bird [2021] VSC 850 offers valuable guidance for the selection and briefing of expert witnesses, as well as how the Court expects expert witnesses to conduct themselves in the course of forming their opinions. The matter... by Tom Drake | Feb 21, 2022 | Litigation
Mediation is one of a number of alternative dispute resolution (ADR) processes which aim to encourage parties to resolve legal disputes before proceeding to trial. Though generally a voluntary procedure, the importance of attempting to resolve matters before trial is... by Steph Chafer | Oct 20, 2021 | Litigation
Sorry is a powerful word. For people receiving an apology it can validate and acknowledge their feelings and emotions and can be an important step on the path to healing. In a legal context saying sorry was equated with admitting fault for the incident giving rise to...