Civil Claims for Institutional Abuse: Settlements, Stays & Damages
Catch up on the most urgent issues impacting institutional abuse claims from a varied panel of leading experts. Gain insights into when a court may set aside a past settlement agreement. Explore the ins and outs of how courts consider permanent stays of proceedings. Take a guided tour of the latest cases and awarded damages across the country. Master how to work effectively with experts, including how to utilise forensic accounting to improve your outcomes in your matters.
Description
Attend and earn 4 CPD units including:
2.5 units in Substantive Law
1.5 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Jed McNamara, Special Counsel & Head of Abuse Law, Maurice Blackburn Lawyers
9.00am to 9.15am: Vicarious Liability in Abuse Claims
Presented by Jed McNamara, Special Counsel & Head of Abuse Law, Maurice Blackburn Lawyers
9.15am to 10.15am: Permanent Stays and Setting Aside Settlement Agreements
Setting Aside Settlement Agreements
With sexual abuse claims firmly in the public eye, it is critical for practitioners to understand when a court may consider it is ‘just and reasonable’ to set aside a past settlement agreement.
- Existing mechanisms for setting aside a settlement agreement
- New legislation for abolished limitation periods and stays on proceedings
- Application of JAS v The Trustees of the Christian Brothers vs. TRG v The Board of Trustees of the Brisbane Grammar School
- Other key cases and developments
Permanent Stays
Whilst child sexual abuse claims are no longer statute barred following the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse, courts may consider permanent stays of proceedings in certain circumstances.
- Factors relevant to a decision to permanently stay proceedings involve balancing the right of victims to prosecute v right of defendants to a fair trial:
- Lack of evidence due to passage of time
- Assessment of prejudice for the defendant in mounting a defence
- Considering any prejudice due to fault of defendant
- Application and discussion of:
- Moubarak by his tutor Coorey v Holt [2019] NSWCA 102
- Ward v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2019] NSWSC 1776
- The Council of Trinity Grammar School v Anderson [2019] NSWCA 292
Presented by Luke Geary, Partner, Mills Oakley
10.15am to 11.15am: Recent Awards of Damages from Around Australia: Case Analysis
Analyse how courts from several jurisdictions around Australia have recently assessed and awarded damages in institutional abuse cases, providing you with a guide to the potential impact on your matters and setting client expectations.
Presented by Tim Hammond, Barrister, Central Law Chambers
11.15am to 11.25am: Break
Professional Skills
11.25am to 12.10pm: Assessing Economic Loss and Forensic Accounting in Institutional Abuse Claims
- Strategies for effectively utilising forensic accounting analysis to assess damages
- Building lifetime earnings profiles
- Determining notional and actual earnings: sources of information
- Superannuation: statutory regime and occupational schemes
- Additional key issues to consider
Presented by Mark Thompson, Director – Forensic Services, Vincents Chartered Accountants
Professional Skills
12.10pm to 1.10pm: Medico-Legal Assessments and Effectively Working with Experts
- Selection of experts
- Joint briefing of experts
- Briefing materials
- Client needs in relation to assessments: trauma informed guidelines
- Supporting clients through assessments
- What makes a good report?
- After the report: issues and how to resolve them
Presented by John Ellis, Solicitor and Nicola Ellis, Solicitor, Ellis Legal Lawyers
1.10pm to 1.15pm: Final Q&A and Closing Comments from the Chair
Presenters
Jed McNamara
Jed McNamara is a highly experienced Special Counsel in Maurice Blackburn’s Maroochydore office on the Sunshine Coast. Jed holds a Bachelor of Laws and has been practicing law for more than 25 years. Jed is the Queensland Practice Group Leader of the firm’s national sexual, physical and institutional abuse compensation team, bringing claims for those who were subjected to abuse within organisations including churches, church-and state-run institutions, public and private schools, youth and sporting clubs, foster homes, reformatory schools and prisons. Jed is specially trained in trauma informed practice which ensures he works with clients to access justice in a way that recognises the complex trauma they have suffered.
Luke Geary
Luke has particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In other instances, Luke acts on behalf of survivors in certain cases against government agencies and other institutions. Luke is the founder and former managing partner of the unique social enterprise law firms ‘Salvos Legal’ and ‘Salvos Legal Humanitarian’, which are wholly owned by The Salvation Army.
Tim Hammond
Tim is a barrister at Central Law Chambers who specialises in representing victims of asbestos disease institutional abuse and medical negligence claims as well as workplace and catastrophic injury cases. Tim also advises and appears regularly in employment & industrial relations matters. Formerly the Federal Member for Perth from 2016 - 2018, Tim was also the Shadow Minister for Consumer Affairs and Shadow Minister Assisting in Resources during his time in Parliament. Tim has practiced as a barrister since 2010. Before going to the bar, Tim was a lawyer with Slater & Gordon, initially in Perth and then Melbourne, specialising in major project class action litigation before returning to Perth where he was made a partner of the firm and worked predominantly in the field of asbestos litigation.
Mark Thompson
Mark Thompson is one of the founding directors of Vincents Chartered Accountants. Mark's key area of expertise is in the assessment of damages. Mark has prepared expert reports in relation to a number of jurisdictions, including the Supreme Courts of QLD, NSW, VIC, TAS, SA, WA and ACT along with the Federal Court of Australia. He has prepared economic loss assessments for a wide range of Australian and overseas parties and has prepared expert reports in relation many high profile matters. Mark has also advised in relation to commercial disputes and class actions involving both private and public institutions.
John Ellis
John Ellis has practised law for more than 25 years including 3 years heading up a government department legal branch and over 10 years with a large international law firm. For the past 10 years, John has moved away from commercial litigation to specialise in advocating for survivors of childhood abuse. Ellis Legal was established four years ago to work exclusively for survivors of abuse by clergy and personnel of other institutions. As a survivor of clergy abuse, John brings a lived understanding of the practical and emotional challenges involved in holding powerful institutions accountable.
Nicola Ellis
Nicola Ellis has practised law for more than 20 years, specialising in child protection. Nicola is also a psychotherapist with qualifications in Social Ecology, Analytical Psychology, and Counselling and Applied Psychotherapy. These two fields of law and psychotherapy have provided a firm, trauma-informed grounding for the claim process developed by Ellis Legal.