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Child Abuse
Willmot v State of Queensland [2022] QSC 167 The plaintiff was born in 1954 and alleged between 1957 – 1967, when she was a “State child” under the State Children Act 1911, she was abused. The plaintiff is an Aboriginal person, and whilst a State child was under the ‘care and protection’ of the Aboriginal...
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Brockhurst v Rawlings [2021] QSC 217 The Plaintiff brought his claim against a former female teacher. The claim was for ‘grooming’ which culminated in sexual intercourse when 14. Whilst the relationship and intercourse was ‘consensual’ the Plaintiff was unable to legally consent because of his age. In the aftermath of the relationship being exposed and...
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SDA v Corporation of the Synod of the Diocese of Rockhampton [2021] QCA 172 The appellant was a former resident of a children’s home of the respondent. The appellant alleged he was sexually abused by Reverend M. The appellant requested disclosure under s.27(1)(b) of the Personal Injuries Proceedings Act 2002 (PIPA) of complaints made relating...
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Interest in historical abuse claims is often a significant and thorny issue of dispute. The appeal decision in Province Leader of the Oceania Province of the Congregation of the Christian Brothers v Lawrence [2021] WASCA 77 is a salient decision about interest. The appeal against interest was dismissed and the cross-appeal increasing interest allowed. The...
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I refer to my earlier post about the Queensland decisions in TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 (TRG) and by the Court of Appeal in TRG v The Board of Trustees of the Brisbane Grammar School [2020] 190 (TRG appeal). The question of “just and reasonable” in...
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TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 Davis J FACTS Mr Lynch was employed at Brisbane Grammar School (the Respondent) as a counsellor. Over a one year period from 1986 and 1987, he sexually assaulted the Applicant on numerous occasions. [1]-[2] In 2001, the Applicant sued the Respondent...
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