Civil Claims for Institutional Abuse in 2021
213V11: Gain insights into the current state of play of the National Redress Scheme. Explore impediments to making a claim after previously signing a deed of release. Examine the key considerations of economic loss cases. Work through how to navigate pecuniary loss for drug users and the incarcerated. Delve into each of these timely and practical issues while catching up on the latest cases and developments in the area.
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation
*We are currently offering in person registrations to 2021 Victorian events, however should Victorian government regulations not allow for this at the time of the event, your registration will automatically be transferred to live online.
Chair: Angela Sdrinis, Director, Angela Sdrinis Legal; Accredited Specialist in Personal Injury Law; Recommended Public Liability Compensation Lawyer (Plaintiff), Doyle’s Guide 2020 and Recommended Medical Negligence Compensation Lawyer (Plaintiff), Doyle’s Guide 2019
2.00pm to 2.35pm What You Need to Know About the National Redress Scheme
- How long redress offers stay open
- How the assessment framework is applied
- What happens if an offer lapses?
- What happens with respect to claims against multiple institutions where one or more have not joined the scheme?
- Civil proceedings vs National Redress Scheme: overview of best course of action when weighing up which compensation path to take
Presented by David Longano, Lawyer, Angela Sdrinis Legal
2.35pm to 3.25pm Overturning a Previous Deed of Release: What Impediments Existed at the Time?
- Statute of Limitations
- Discretion
- Prejudice
- Absence of entity/defendant
- Issues around vicarious liability
Presented by Dr Viv Waller, Principal Solicitor, Waller Legal
3.25pm to 3.40pm Afternoon Tea
3.40pm to 4.30pm Building and Winning an Economic Loss Case
- Recent economic loss awards in abuse claims
- The role of Average Weekly Earnings
- Case specific considerations
- Dealing with the ‘she/he was doomed to financial failure anyway’ argument
Presented by Michael Magazanik, Partner, Rightside Legal
4.30pm to 5.15pm Pecuniary Loss for Drug Users and the Incarcerated + Case Update
- Considerations relevant to determining whether a plaintiff can claim lost wages during incarceration and for lost wages due to drug use
- Evidence needed to support an economic loss claim for a plaintiff who has been incarcerated and/or is a drug user
- Developments that have occurred in relevant case law
Presented by David Seeman, Barrister, Lennon’s List; Recommended Insurance & Personal Injury Law Junior Counsel, Doyle’s Guide 2020 and Andrea de Souza, Barrister, Greens List
Presenters
Angela Sdrinis
Angela Sdrinis established her own practice Angela Sdrinis Legal, which specialises in Institutional Abuse claims. Angela has been a Personal Injuries Accredited Specialist since the scheme was introduced in 1993. She was a founding member of the Australian Lawyers Alliance and has been on both the Victorian and National Councils. Angela was a founding member of the Commission of Inquiry Now (COIN) which was instrumental in pressuring the Victorian Government to set up an inquiry into the handling of child sex abuse allegations by churches and non-government organisations. Angela has pursued or investigated hundreds of claims for abuse survivors in the courts and through Redress Funds established in Australia and overseas.
David Longano
David is a solicitor with a Bachelor of Arts (Honours) from Monash University majoring in Criminology and the focus of his thesis was Sexual Assault. He completed his Bachelor of Laws in 2017 and has been with the firm since February of 2018 where he is working in the area of Institutional Historical Abuse. David is a member of the Law Institute of Victoria and the Australian Lawyers Alliance.
Dr Viv Waller
Dr Vivian Waller was admitted to legal practice in 1995. She is the Director and Managing Partner of law firm Waller Legal. She has 25 years’ experience representing survivors of institutional child sexual abuse including litigation in the Supreme Court of Victoria and the High Court of Australia. Dr Waller was instrumental in the Royal Commission into the Institutional Responses to Child Sexual Abuse where she represented 20 survivor witnesses in case studies inquiring into the Melbourne Response, Victorian State Wards, Yeshiva Bondi and Melbourne, Catholic Church Authorities in Ballarat and the Criminal Justice System. She has written submissions for the Royal Commission and appeared before the Senate Committee in relation to the establishment of the National Redress Scheme. Dr Waller represented, on a pro bono basis, the complainant in the criminal prosecution and appeals process in relation to allegations against Cardinal George Pell. She holds a Doctorate in Law from the University of Melbourne, and a Bachelor of Laws and Bachelor of Arts (Honours) from Monash University. Dr Waller was appointed to the Victorian Law Reform Commission in November 2020.
Michael Magazanik
Michael Magazanik is a Partner with Rightside Legal. He formerly spent 11 years with Slater & Gordon in Perth and Melbourne, before he and Grace Wilson founded Rightside in 2016. Much of Michael’s time is spent representing sexual abuse survivors. Three of Michael’s clients have taken their claims to (successful) judgment over the past three years: the Hand and Perez claims in the Victorian Supreme Court and the Lawrence claim in the WA District Court. Rightside Legal also obtained the first court decisions overturning sexual abuse settlement deeds in Western Australia and Victoria. Michael has acted in hundreds of successful asbestos claims, including trial wins in both Western Australia and Victoria. He also wrote a book, Silent Shock, about the global thalidomide tragedy. The book followed his legal work over three years for Australian thalidomide survivors which resulted in a $100 million settlement with the drug distributor. Michael previously worked at The Age, The Australian and for ABC Television.
David Seeman
David practices in common law. He regularly appears in damages trials, serious injury applications and at mediations. He appears and advises in Workcover, TAC, Public Liability, Sexual Abuse Claims, Police Assaults, Coronial Inquests, Professional and Medical Negligence cases. Prior to coming to the Bar David was a Judge’s Associate and a Solicitor practicing in Personal Injury and Insurance litigation. David was junior counsel in the decisions of Erlich v Leifer & Ors and Hand v State of Victoria
Andrea de Souza
Andrea practises primarily in common law and personal injury, insurance, and professional negligence, for both plaintiffs and defendants. Prior to coming to the Bar, Andrea practised for six years in medical and health law for both plaintiffs and defendants. Most recently, Andrea practised in defendant medical law at MinterEllison. While at MinterEllison, Andrea acted for both hospitals and individual practitioners in litigated matters of all sizes and complexities, coronial investigations and inquests, complaints and general advisory work. Andrea is on the editorial panel of the Australian Civil Liability Newsletter and regularly authors relevant case notes and articles in relation to personal injury and employment law.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:Tram Stations - William/Bourke St or Queen/Bourke StBus Interchange - Little Collins St or Supreme Court