Many child abuse survivors feel they were forced to accept pitiful compensation for unspeakable, life-altering abuse. They felt pressured to take the money in exchange for their silence and to drop future legal action. Often, a short statute of limitations means a victim’s time to make a claim has expired.
Other victims were confronted with institutions that withheld evidence or used deficiencies in the law to avoid liability. This allowed abuse to continue, often largely unchecked.
For many victims, physical and psychological abuse damaged their mental health and continues to impact their adult lives.
In one 1996 case a religious institution paid a victim $32,500. At the time and confronted with legal barriers the victim took this money.
The Supreme Court allowed a victim to make a further claim in 2020, opening the door for other abuse victims.
The law’s reforms now offer greater access to justice for victims of childhood abuse, who previously faced a legal system stacked against them.
The law now allows a court to revisit an unjust settlement, and it may set aside that settlement and allow a further claim.
If you entered into a settlement of a claim for child sexual abuse which you believe was unfair and unjust you may have a right to have that settlement set aside and make a further claim. Get in touch with us at Whitelaw McDonald for an informal no obligation chat to learn your rights. Call us today at our Central Coast office (02) 4343 7000 or Newcastle office (02) 4941 8999.
NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.
