Civil Claims for Institutional Abuse: Settlements, Stays & Damages
WEB213N55: Back by Popular Demand! 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 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: Nili Hali, Barrister, Chalfont Chambers
9.00am to 9.15am Vicarious Liability in Abuse Claims
Presented by Heather Kerley, Lawyer, 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
- Analysis of how courts from several jurisdictions around Australia have recently assessed and awarded damages in institutional abuse cases
- Guide to the potential impact on your matters and setting client expectations.
Presented by Martin Slattery, Partner, Carrol & O’Dea
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
Nili Hari
Prior to being called to the NSW Bar in 2017, Nili was a solicitor for seven years in the private and public sectors. She predominantly practices in personal injury matters including CTP, public liability, medical negligence and historical abuse claims. Her particular passion and expertise is in the area of institutional and historical abuse claims involving Government Departments and Religious Institutions. She has represented numerous plaintiffs in claims against institutions for child sexual abuse. Immediately prior to being called to the Bar, Nili was the litigation Manager of the Coronial Inquests and Hague Convention team at the NSW Government Department of Family and Community Services, where she dealt with a range of complicated child protection matters.
Heather Kerley
Heather Kerley is a lawyer with Maurice Blackburn Lawyers, based in Darwin. She graduated with a Bachelor of Laws (Hons) and a Bachelor of Behaviours Science from the University of Notre Dame (WA). Following this she moved back to her hometown, Darwin, and is the primary lawyer for Maurice Blackburn’s NT Institutional Abuse team. Heather also has extensive experience in all areas of personal injury law and mental health law, including representing persons on involuntary treatment orders at Tribunal hearings.
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.
Martin Slattery
Martin’s diverse career – journalist, guitarist, lawyer – means he has the life experience and the professional expertise to provide what his clients want when it matters – excellent technical advice, combined with practical solutions. With a strong common law background, Martin is an expert litigator and has significant commissions of inquiry and royal commissions experience. He has a unique insight and empathy into how the various parties to a dispute perceive the same circumstances that are the nub of the issue. Martin is responsible for the running of the Melbourne office of Carroll & O’Dea.
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.