Child Sexual Abuse
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Calls for law reform to fix two-tier system of justice for survivors of institutional child sexual abuse
13th Nov 2024Lawyers representing survivors of institutional child sexual abuse are calling on governments across Australia to reform the law to ensure equal justice for all survivors of institutional abuse, following the High Court decision in Bird v DP (a pseudonym) [2024] HCA 41 handed down today.
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New SA laws threaten rule of law
22nd Feb 2024‘An appalling and the most egregious attack on the rule of law we have seen in some time’ writes Greg Barns SC, in response to last month’s amendments to the State’s sentencing laws.
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Govt urged to adopt recommendations of institutional child abuse inquiry
6th Dec 2023The West Australian government should give urgent and serious consideration to the recommendations made in the ‘Seeking justice: Improving options for survivors of institutional child abuse’ report released on Thursday, say lawyers for survivors of abuse.
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GLJ High Court decision may lead to fairer outcomes for abuse survivors
1st Nov 2023Fair compensation for survivors of historical child sexual abuse is more likely following the decision handed down today by the High Court of Australia in the case of GLJ v the Trustees of the Roman Catholic Church for the Diocese of Lismore.
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Commission of Inquiry report welcome but proposed Pontville site for detention centre is ‘appalling’
26th Sep 2023The Australian Lawyers Alliance welcomes many of the recommendations in the report released today from the Commission of Inquiry into the Tasmanian Government’s responses to Child Sexual Abuse in Institutional Settings, but strongly objects to the Government’s plan to develop a youth detention centre in Pontville.
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Change needed to prevent delays and re-traumatisation in historical child abuse claims
15th Sep 2023Change is needed to reduce the delays and the re-traumatisation which survivors of institutional abuse often experience when accessing justice in Western Australia, says the Australian Lawyers Alliance.
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Urgent action needed to fix Blue Card system and the regulation of childcare centres
15th Aug 2023Urgent action is needed to tighten both the Queensland Blue Card system and the regulation of childcare centres, says the Australian Lawyers Alliance (ALA).
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NSW barrister wins national Civil Justice Award
8th Mar 2022A NSW barrister who is a passionate advocate for the rights of those who have suffered injury and abuse within institutions has received the Australian Lawyers Alliance’s (ALA) 2021 Civil Justice Award.
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Reform of NSW child sex abuse laws welcome
10th Nov 2021New laws in NSW that allow courts to set aside unfair settlements in child sexual abuse matters are very welcome, says the Australian Lawyers Alliance (ALA).
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Proposed child abuse compensation laws in NSW give survivors some hope of justice
2nd Sep 2021A proposed amendment to the NSW Civil Liability Act will enable courts to set aside unfair settlements involving survivors of institutional child abuse. Con Ktenas discusses fairer compensation for victims, eliminating legal barriers to compensation, and the introduction of advance child abuse compensation payouts.
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The level of detail required in pleadings against the Crown: Niass v State of NSW
1st Jul 2021Pleadings are required to identify the issues of the case, to articulate the nature and content of the claims, and to provide the defendant with a fair opportunity to meet the case. In her two-part series, Amanda Do discusses two Supreme Court of NSW judgments that clarify the level of detail required in pleadings, in particular with regard to claims of institutional abuse. The second judgment discussed is the case of Niass v State of NSW.
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Sexual abuse inquiry welcome but terms of reference must not be too limited
23rd Nov 2020Lawyers in Tasmania have welcomed today’s announcement that a Commission of Inquiry into sexual abuse in government institutions will be held, but caution that the Inquiry’s terms of reference must not be too restrictive.
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Developments in institutional liability for sexual assault: SMA v John XXIII College (No.2) [2020] ACTSC 211
27th Aug 2020Angela Sdrinis discusses the recent case of SMA v John XXIII College (No.2) [2020] ACTSC 211, which explored the liability of a university residential college for a sexual assault. The case shows that in some circumstances the common law is evolving to recognise that institutions should be held liable for the intentional torts of another person (even if they are not an employee) against vulnerable adults.
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JobKeeper payments to priests – improper and inappropriate
18th Jun 2020The payment of JobKeeper moneys to the Catholic Church and priests is an example of hypocrisy by the Church, the Australian Lawyers Alliance (ALA) said today.
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A public register of child sex offenders will do more harm than good
18th Apr 2019Greg Barns argues against Peter Dutton's proposal to establish a National Public Register of Child Sex Offenders.
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Victoria must now act on Pell's Melbourne Response compensation scheme
7th Mar 2019Dimi Ioannou calls for reform of the Victorian sexual abuse compensation scheme, particularly in light of George Pell's recent conviction.
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Many NSW, VIC survivors of institutional child abuse blocked from just
9th Mar 2018Unnecessarily strict eligibility requirements mean that many of the most vulnerable survivors of institutional child abuse in New South Wales and Victoria will miss out on accessing the Commonwealth’s Redress Scheme, the Australian Lawyers Alliance (ALA) said today.
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Connellan v Murphy [2017] VSCA 116
15th Jun 2017This recent Supreme Court of Victoria Court of Appeal decision permanently stayed proceedings relating to the alleged sexual assault of a minor in 1968.
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Child Sex Abuse – An International Problem
24th Mar 2016Over the last decade, the issue of child sex abuse, and the barriers to justice for survivors or child abuse, are finally being dealt with by governments and institutions throughout the Western world. Here are the recent developments...
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