Are you a child abuse survivor who felt you were forced to accept a pitiful amount of compensation for unspeakable life altering abuse? Did you feel you had to take the money in exchange for silence and a promise to forego future legal action? For many the short statute of limitations (the time period you are able to bring a claim) meant that  often a victim’s time to make a claim for compensation expires. 

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, as well as any physical abuse, the psychological abuse meant their mental health suffered and the abuse still impacts their adult life.

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. 

In 2020, the Supreme Court allowed that victim to make a further claim, paving the way for other abuse victims to make further similar claims

The reforms to the law have offered more access to justice for victims who were abused in childhood when the legal system was 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.