Abuse: Application to set aside deed of release (ACT)

Xavier (a pseudonym) v Trustees of the Marist Brothers [2024] ACTSC 141 (Link to JADE) On the plaintiff's application in this matter, a Deed of Release between the plaintiff and the defendant was set aside. The defendant conceded that, in circumstances where potentially relevant documents (potentially of importance both in establishing the defendant’s liability and …

Abuse: Redress scheme reforms

The National Redress Scheme newsletter reports that on Thursday 4 April 2024, most of the measures in the National Redress Scheme for Institutional Child Sexual Abuse Amendment Act 2024 (Cth) came into effect. The measures: remove the restriction on people applying from gaol; refine the special assessment process for people with serious criminal convictions; allow applicants to …

Medical: Another limitation extension (Qld).

Desmond-Bryzak v Lander [2024] QSC 72 (Link to Jade) The claimant was granted a limitation extension under Queensland law (Limitation of Actions Act 1974 (Qld)), in the context of a claim arising from pelvic mesh implant surgery. In Queensland, a negligence action, in which damages for personal injury are claimed, cannot be brought after the expiration …

Abuse: Application to set aside Deed (NSW)

EXV v Uniting Church in Australia Property Trust (NSW) [2024] NSWSC 490 (Link to Caselaw) This appears to have been the first NSW decision on an application to set aside a deed of settlement following a mediation in respect of an abuse claim, requiring the court to consider whether it was just and reasonable to …

Medical: Chiropractic treatment (WA).

Boothman v George [2024] WADC 26. Link to Jade. This medical negligence matter arose from treatment provided by chiropractor. The court was required to consider breach of duty, causation and damages. The plaintiff obtained a judgment against the defendant. The plaintiff alleged that the defendant's treatment of his back pain caused a central right disc …

Abuse: Older & younger child at special school.

RJ bht RPC v State of New South Wales [2024] NSWDC 128 (Link to Caselaw). The plaintiff, who was then 13 years of age, was sexually assaulted by a 17-year-old student while he was using one of the school toilets. He claimed against the State, as operator of a school offering a special support unit providing teaching and other services for about 60 children who have disabilities …

Medical: Limitation extension (Qld).

Rodgers v Chinsee [2024] QDC 55 (Link to JADE). The applicant commenced proceedings for medical negligence claiming damages for personal injuries associated with breast augmentation surgery, where the limitation period for any claim against the respondent has expired. In the context of a limitation extension application the court was required to consider whether a material fact …

Medical: Deakin University – Law, Health and Society.

With thanks to Neera Bhatia for drawing attention to a new research centre at Deakin University. This is the announcement: Deakin Law School is excited to announce the launch of Law, Health, and Society (LHS) a new research unit that critically evaluates health law, policy, regulation, and ethics to improve and advance well-being and health outcomes throughout …

Abuse: Heads of damages recoverable following set aside agreement.

Trustees of the Christian Brothers v DZY (a pseudonym) [2024] VSCA 73 (Link to AUSTLII) With thanks to Kate Flanigan for drawing attention to this Victorian Court of Appeal decision. The Trustees had not resisted the initial application by DZY to set aside earlier settlement agreements insofar as he wished to pursue his claim for …

Medical: IVF litigation transfer.

Fertility Australia Pty Ltd & Ors v Wendy Read & Charles Goble [2024] NSWSC 420 (Link to Caselaw) By way of background the court noted ([3]): The District Court proceedings were commenced by statement of claim by Wendy Read and Charles Goble. Dr Read and Mr Goble are a married couple and their claim against …