News
Category: Historical Abuse Compensation
Child vs adult abuse compensation: key differences explained
In Australia, survivors of abuse, whether as a child or as an adult, can seek compensation through civil legal processes (a common law claim). But the laws which apply, and the challenges survivors face, will differ depending on when the abuse occurred.
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Abuse claims in paid childcare: your legal rights
Unfortunately, in rare but serious cases, abuse can occur at the hands of those entrusted to care for children. In Australia, survivors of abuse in paid childcare services have legal rights and may be entitled to seek compensation.
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Court determines convicted sexual assault perpetrator not liable to pay to compensation to victim
In a significant decision in November 2024, the NSW Supreme Court has said that it is not a given that a perpetrator criminally convicted of sexual offences will automatically be liable to pay the abuse victim common law damages.
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Child sexual abuse claims with limited evidence or witnesses
It is not uncommon for survivors of child sexual abuse to be unable to recall the name of the individual who abused them or specific details about dates, times, places etc. Many survivors were only young children when the abuse occurred. So, if a potential claimant can’t recall very specific details about the abuse, are they able to bring a compensation claim due to the abuse?
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Child sexual abuse survivor loses appeal to sue for loss of earnings
We examine a 2024 Victorian Court of Appeal case where a child sexual abuse survivor was granted permission to revisit a claim for pain and suffering damages, settled almost a decade earlier. However, he was not able to claim for economic loss (loss of earnings) in the new proceedings.
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Common law claims vs the National Redress Scheme for survivors of child sexual abuse
There are two compensation options available to survivors of childhood sexual abuse in Australia. They are the National Redress Scheme (‘NRS’) and a civil common law claim. The compensation payable under each option varies significantly. Learn more detail about each option.
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