Institutional Liability for Historical Child Abuse in Australia - Book

By James Masur

Book

$210.00* RRP

Forthcoming Release, 30/09/2024

Code: 9780455503257

Lawbook Co., AUSTRALIA

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Description

“The level of research and the thorough documentation of relevant issues and authorities (makes) this … an invaluable reference (when) seeking to understand how the civil law responds to the needs of survivors … This book will be … essential for any practitioner seeking to advise a survivor. It should be on every civil lawyer’s shelf and in the library of material available to the Courts.” - The Hon Peter McClellan AM KC, Chair of the Royal Commission into Institutional Responses to Child Sexual Abuse.

Institutional Liability for Historical Child Abuse in Australia serves as a central resource and authoritative text for practitioners, students and those with an interest in litigation involving historical child abuse. With nearly a decade having passed since delivery of the Royal Commission into Institutional Responses to Child Sexual Abuse’s Redress and Civil Litigation Report in 2015, this work comprehensively considers the legal developments involving civil law claims arising from historical abuse Australia’s institutions.

This book systematically analyses both the legal principles and practice considerations of relevance.

1.Principles

The work considers the substantive legal principles underpinning historic abuse litigation and their application in recent Australian decisions.

The work analyses direct liability in negligence, by reference to the types of claims (educational, religious, foster care, custodial, sporting and leisure organisations). It examines the law of non-delegable duties.

This part considers evidentiary issues and the fact-finding difficulties involved in historical litigation due to the effluxion of time and faded memories. It also considers the damage inflicted on the victim, including psychiatric injuries and related causation issues.

Damages assessments under civil liability legislation and at common law are considered, including a national summary of the general damages awards in ‘post-Royal Commission cases’. It will also focus on the assessment of economic loss where the tortious abuse occurred as a child and its cause is multifactorial.

2. Practice

This part examines recent law on pleadings in abuse matters, as well as subpoena and disclosure disputes in many recent decisions. It contains a detailed examination of the issues relating to the increasing grant of permanent stays of proceedings. It considers the emerging area of ‘trauma informed’ approaches to this litigation, including dispute resolution processes.

Matters relevant to the preparation for and presentation of these cases at hearing are also discussed.

Institutional Liability for Institutions for Historical Child Abuse in Australia is an extremely timely and much-needed intervention in the legal discourse, providing essential guidance for practitioners, judicial officers, students and all professionals interested in abuse litigation and the law of tort, more generally.