Abuse Law Forum
Gain insights into the current state of the law in relation to vicarious liability, work through the options for making a claim, and hear Dr Viv Waller discuss the latest cases. Delve into each of these timely and practical issues while catching up on the latest on calculating damages in cases where there are intervening events. 223V12
Description
Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation
Chair: Dr Judy Courtin, Lawyer and Advocate, Judy Courtin Legal
2.00pm to 2.45pm Vicarious Liability for Abusers: Evolving Case Law in Australia
- Review of case law where vicarious liability for abusers on institutions confined to employee abusers
- Examination of recent decisions that are adding complexity to the situation
Presented by Michael Magazanik, Partner, Rightside Legal
2.45pm to 3.30pm Update on Options for Making a Claim
- An exploration of the current avenues available to victim of abuse
- Examination of the different levels of compensation payable based on the choice of option
Presented by Garrie Moloney, Barrister, List A Barristers
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Calculation of Damages in Cases Where There are Intervening Events
- How to treat intervening industrial accidents and transport accidents
- How to treat natural intervening events
- The different ways to articulate economic loss
- General economic loss case law update
Presented by David Seeman, Barrister, Lennon’s List
4.30pm to 5.15pm Institutional Abuse: A Discussion of Recent Cases
Roundup of recent cases, including:
- Benedict Monagle (By his litigation guardian) v Father Lawrence Moate and Father Julian Fox
- Kelly v Trustees of the Christian Brothers & Anor [2021] VSC 110
- Grant v Bird [2021] VSC 380
Presented by Dr Vivian Waller, Principal Solicitor, Waller Legal
Presenters
Dr Judy Courtin
Following 25 years as a health practitioner, Judy Courtin returned to study and completed her law degree. She works in the area of abuse law with her honours’ thesis examining the appellate journey for child sexual assault convictions in Victoria. Judy then went on to complete her PhD at the Faculty of Law, Monash University, which explored the justice needs of victims of institutional sexual and other abuse. Judy is now the principal of a growing legal practice in the burgeoning area of institutional abuse law.
Garrie Moloney
Garrie maintains a varied practice covering areas of commercial law, personal injuries law, insurance law, public law, and native title law. He also has particular expertise in aviation, class actions, contract disputes and international trade law. At appellate level, Garrie has appeared in matters before the High Court. He has also appeared in several native title and commercial cases in the Federal Court as well as a number of personal injury cases in the Victorian Court of Appeal
Dr Vivian Waller
Dr Vivian Waller 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. Dr Waller was appointed to the Victorian Law Reform Commission in November 2020.
Michael Magazanik
A former journalist, Michael spent 11 years with Slater & Gordon in Perth and Melbourne. Michael has acted in hundreds of successful asbestos claims, including trial wins in both Western Australia and Victoria. In 2021, Michael achieved the highest verdict for a survivor of sexual abuse when the Victorian Supreme Court awarded his client (a former Geelong College student) more than $2.7 million. He has successfully represented a large number of childhood sex abuse survivors assaulted in State schools, private schools and religious institutions, resulting in record breaking settlements. Michael wrote a book, Silent Shock, about the global thalidomide tragedy. The book followed his legal work over three years for Australian thalidomide survivors.
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
Testimonials
So detailed - informative, at times inspiring
Insightful presentations, going deeper in this area of law
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
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Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court