Our strong, 20+ year, track record working with a host of education, health care, charity and community organisations across Australia shows the trust institutional clients place in us — and our unwavering commitment to advocating for their cause in various situations.
Nevett Ford’s Institutional Response team has been a widely respected legal partner for Australian institutions for more than 20 years. We offer a multi-disciplinary approach to legal advice and are highly experienced in supporting institutional clients to proactively prevent and respond to risks, and resolve disputes.
Our capabilities include
- Conducting risk assessments and risk management investigations
- Developing strategies to safeguard policy, procedures and ensure compliance with Reportable Conduct Scheme obligations
- Advice on preventing and responding to child, patron and employee safety concerns
- Addressing clergy and employee misconduct, breaches of professional standards as well as disciplinary issues.
- Implementing response planning and managing civil claims and inquiries, major incidents and crisis management in a trauma-informed manner.
It’s important for any institution to have a law firm that’s experienced in proactive and preventative risk management, and is able to act swiftly and sensitively should an incident occur – ensuring that it is able to continue its pivotal work in our communities.
Working with regulators, authorities, institutions and claimants for more than 20 years, our Institutional Response team has developed a successful approach to risk management, advice and representation in disputes. Our team also includes the expertise of an Accredited Specialist in Workplace Relations (LIV).
We develop response strategies to ensure there is identification of risks and an established approach to resolving them, which allows for a consistent approach to policy and procedures, as well as disputes or claims should they arise.
Should any dispute resolution be required, our team is quick to understand both the context of any allegations and the organisation. We work closely with key stakeholders to build out an agreed approach resolving claims, and then represent the institution, negotiating in a strategic, highly tailored way, using a reconciliatory approach.
We have worked with a range of institutions (large and small) and other community-based organisations to resolve complex disputes and develop strategies for responding to potential civil claims in circumstances where liability may result from rulings on criminal actions or breach of duty of care.
These are sometimes highly-sensitive cases involving abuse or discrimination. In these situations, our team is acutely aware of the need for communications and responses to be respectful and trauma-informed.
We aim to resolve issues sensitively rather than pursue a legal battle at any cost.
We work closely and ensure we genuinely understand any institution we are working with – so that we can be sure our advice will fit its structure, operations, context and position.
Our experience has demonstrated that a balanced, sensitive approach is often likely to achieve the best outcome for both parties. In disputes, our team prioritises empathy and works to develop strategies, negotiations and develop paths toward resolution in a compassionate and caring manner.
All of our professionals are aware of the prevalence and long-lasting effects trauma can have, and of the need for a ‘trauma-informed’ approach, sensitive to their rights, needs and wishes of a claimant.
WHO YOU’LL WORK WITH
Topics We’ve Written About
On 19 January 2023 the Federal Government released a discussion paper seeking submissions for options to promote transparency of child sex offenders’ financial means to honour compensation orders and to prevent the use of legal loopholes to hide assets. Spurred by...
Photo by Nico Smit on Unsplash The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ  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...
Case update – DP v Bird  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  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 insufficient...
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