Proposed Piercing of the “Superannuation Veil” Against Child Abuse Offenders
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...
Lismore Trust v GLJ: Permanent Stay Granted Where Perpetrator is Dead
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...
Vicarious Liability and Expert Evidence
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...
Scammed Then Humiliated By Your Own Government – The Unfortunate Tale Of Mr Scholes
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...
Grant v Bird: Abuse Claim Against Catholic Diocese Permanently Stayed
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,...
National Redress Scheme: Two Year Review Into A Ten Year Commitment
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...
When The Prejudice Is Material – The Intersection Of Civil And Criminal Proceedings
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 actual...
Amendments to the Limitations Act 1958 (Vic) Relating to Prior Settlement Agreements
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...
Legal Gymnastics Aside – Reflecting on the Malka Leifer Saga
On Tuesday 26 May 2020, Judge Chana Miriam Lomp of the Jerusalem District Court ruled Malka Leifer, former principal of the ultra-Orthodox Adass Israel School in Melbourne who stands accused of sexually abusing a number of her students, mentally fit to stand trial....
Liminal Space
Various forms of lockdown have brought many of us to a 'liminal space'. Limen is the Latin word for ‘threshold’, the space in-between. One might find themselves in a liminal space upon being thrust by life circumstances from where they once were to a place where they...
Easing of Restrictions for Places of Worship and Ceremonies
From 11.59pm on 31 May 2020 restrictions on gatherings at places of worship and ceremonies will be eased: Private worship or small religious ceremonies can be held for up to 20 people. Weddings - 20 people in addition to the celebrant and couple being married can...
Loss of Charitable Status to Organisations Who Fail to Sign Up to the Redress Scheme
The Joint Select Committee on Implementation of the National Redress Scheme ("the Scheme") began its' inquiry in March 2020 with a series of public hearings in locations around Australia. “The hearings will provide a range of opportunities for survivors to tell the...
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