Case update – DP v Bird [2021] VSC 850 (22 December 2021) Just before Christmas, the Supreme Court of Victoria handed down a landmark decision concerning vicarious liability. In Australia the doctrine of vicarious liability applies where an employer is liable for the...
A recent case in the Federal Court of Australia highlights the importance of Government agencies’ model litigant obligations, and the consequences of failing to abide by them. Summary of matter Scholes v Commonwealth of Australia [2021] FCA 1593 involved an...
Amendments to the Limitation of Actions Act 1958 (‘the Act’) in 2015 saw the introduction of division 5 into part IIA which removed the limitation period for actions arising out of death or personal injury resulting from child abuse. Included within division 5,...
The two year review conducted by Ms Robyn Kurk AO found that the Scheme is not fulfilling the trauma informed objectives designed to assist survivors – citing its bureaucratic slowness, inconsistent and non-transparent decision making, and impersonal and...
Lucciano (a pseudonym) v The Queen [2021] VSCA 12 (9 February 2021) – http://classic.austlii.edu.au/au/cases/vic/VSCA/2021/12.html The Victorian Court of Appeal recently overturned convictions relating to an historical sexual assault case, for the perceived and...
Coming into effect today ( 26 April 2021) are important amendments to prior settlement of claims subject to Part IIA Division 5 of the Limitations Act 1958 (Vic) (the Act). Section 27OA of the Act allowed claimants who settled their matters by deed or court order...
