Running a Civil Claim for Institutional Abuse
The National Redress Scheme was launched on the 1 July 2018 and it is scheduled to run for 10 years. Understanding key features of this scheme is crucial to advising your clients. Gain essential information on Redress claims, examine civil litigation in light of new areas of claims, review recent interpretation given by the courts to claims brought outside the limitation period, and receive important updates on the criteria for damages and awards.
Description
Attend and earn 4 CPD units in Legal Knowledge
This seminar was recorded in QLD on 14 November 2018
Chair: Lisa Flynn, National Special Counsel – Abuse Law, Shine Lawyers
9.00am to 10.00am: Redress Claims: Essential Information for Practitioners
- Overview of legislation and key scheme features
- Claims process
- Assessment criteria
- Scheme experience so far
- Risks for practitioners
Presented by Michelle James, Queensland Head of Work Injuries, Maurice Blackburn Lawyers; Accredited Specialist in Personal Injury Law
10.00am to 11.00am: School Civil Claims: Teacher on Student and Student on Student
- A consideration of applicable legal principles
- Relevant cases
- Historical claims
- Practical tips
Presented by Yvette McLaughlin, Partner, Sparke Helmore; Accredited Specialist in Personal Injury Law
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Limitation Period and ‘Just and Reasonable’: Insight on Possible Interpretation
- Section 11A(5) of the Limitation of Actions Act maintains the courts’ powers to summarily dismiss or permanently stay proceedings
- When will a court have the power to do so?
- How may a court determine if the lapse in time has a burdensome effect on the defendant that is so serious that a fair trial is not possible
- A look at case law across the states that has dealt with this issue
- Section 48 of the Limitation of Actions Act allows actions to be brought on previously barred or settled claims where a court determines that ‘it is just and reasonable’ to set aside the settlement/judgement
- When will it be just and reasonable to do so?
- What are the issues to be considered?
- How have courts determined these matters?
Presented by Michael Eliadis, Barrister, Level 18 Inns of Court and Lisa Flynn, National Special Counsel - Abuse Law, Shine Lawyers
12.15pm to 1.15pm: Criteria for Damages and Awards
- Economic loss and material contribution
- Calculation of interest
- Assessment of general damages
- Damages assessments vs client expectations: practical considerations
Presented by John Vandeleur, Legal Practitioner Director, VBR Lawyers