Law reform in recent years has meant that many Deeds of Release and prior settlements that occurred before the abolition of the Statute of Limitations and the Ellis Defence can now be set aside.

This is because many of these past settlements were deemed to be unfair and unjust as they did not adequately compensate you for the abuse you suffered.

We acknowledge that monetary compensation cannot take away the effects and memories of the abuse you have suffered.

It is, however, one way of ensuring that you have some additional financial resources to assist you in navigating the future, as well as forcing institutions to face up to the damage they have caused.

Most victims of institutional child abuse are legally entitled to compensation and in many ways it can deliver some accountability and justice.

What sort of compensation can I obtain through the Courts?

If your civil case is successful, the Court will award you compensation, or damages, by considering the following factors:

> the psychological effects of the abuse –
‘pain and suffering’;

> economic loss because of the lost educational and employment opportunities due to the effects of the abuse – ‘economic loss’

> medical costs, including the costs of pharmaceuticals which you have already paid for; and

> future medical and pharmaceutical costs.

You may also seek a personal response from the responsible institution, including an apology.

Part of our role as your legal advisors will be to show the Court what the psychological effects of the abuse have been by obtaining a medico-legal report on your behalf.

A forensic accountant’s report may also be used to help quantify the level of your economic loss.

Should your matter proceed to trial, we will consider whether witnesses should be called to give evidence to assist you in proving your claim.

The amounts you may receive are not capped, and the decision that the Court makes is guided by previous cases both within the same State and other jurisdictions.

Although we commence our claims in the courts, only a tiny percentage of these matters will ever get to trial. That is, even though issued in the court, you never need to attend court as your matter will settle before trial.

What does a typical compensation claim look like for you?   

>> Read here.

Feel free to get in touch with us  so that we can assist you to know what your options might be.