High Court grants special leave for appeal of permanently stayed historic child abuse case

GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore The High Court of Australia has today granted special leave for the appellant to appeal the decision in The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78, in which the NSW Court of Appeal […]

NSW Supreme Court orders stay of both primary and cross-claims in historical abuse matter

BRJ v The Corporate Trustees of The Diocese of Grafton [2022] NSWSC 1077 On 2 September 2022, the Supreme Court of New South Wales ordered a stay of both the primary claim and the cross-claim brought by the defendant against the alleged perpetrator in this matter. The judgment is notable as it sets out the […]

Cross-examining in the dark – Queensland Supreme Court shines light on prejudice to institutional defendant

Willmot v State of Queensland [2022] QSC 167 On 22 August 2022, the Queensland Supreme Court granted a permanent stay of proceedings involving allegations of sexual and physical abuse dating back to the 1950s and 1960s. This decision highlights the Court’s relevant considerations when granting a permanent stay of proceedings. Cassandra Wills, Emma Bray and […]

NSW Court of Appeal again grants a stay of historic child abuse civil litigation

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 The NSW Court of Appeal has overturned a first instance decision and stayed historic child abuse proceedings in circumstances where the alleged perpetrator had died before the allegations were put to him. The case was stayed despite evidence […]

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

General Liability Institutional Abuse Video Series 2021

https://vimeo.com/592583584/1bed767fa3 WelcomeJacqueline Grace Wotton Kearney has handled over 1000 historical abuse claims as either defence or coverage counsel, and with 45 lawyers now practising in this area across our four Australian offices, this is a category of claims in which we have developed considerable experience and expertise. Our video series is intended to provide a [...]

W+K Silicosis Claims Webinar – summary and recording

The number of silicosis claims in Australia is on the rise due to the increasing awareness of the impact of exposure to high concentrations of silica dust generated while working with artificial and engineered stone. Our national panel of W+K’s senior lawyers discuss the wave of silicosis claims, and what this means for Australian companies, […]

Coverage for historic sexual abuse in school case raises problems for insurers

In BB v Helena College [2021] WADC 42, the Western Australia District Court found that three different policies of insurance, held by an insured school, responded to historic acts of intentional sexual abuse by a school teacher. In this article, W+K’s Sean O’Connor and Patrick Thompson provide an in-depth analysis of the coverage issues addressed […]

NSW Child Abuse Bill opens door to revisit settled claims

Yesterday, the Civil Liability Amendment (Child Abuse) Bill 2021 was introduced in NSW. The Bill has two objectives: to enable courts to set aside certain agreements that settled claims for child abuse where it is just and reasonable to do so, and to ensure that Part 2A of the Act does not restrict awards of […]

Aged care reform heralds heightened risk for insurers

The Royal Commission into Aged Care Quality and Safety is due to publish its final report on 26 February 2021. Its work, combined with the devastating impact of COVID-19, make it clear that significant change is on the way for the aged care sector. In this article, Chris Spain along with Cain Jackson and Charles […]