Institutional liability for historical child abuse in Australia / by James Masur.

Pyrmont, N.S.W. : Lawbook Co., 2024.

1st edition

202159

Australia. -- Royal Commission into Institutional Responses to Child Sexual Abuse.

Liability for child sexual abuse -- Australia.

Torts -- Australia.

Child sexual abuse -- Law and legislation -- Australia.

Child abuse -- Law and legislation -- Australia.

Part I: Historical institutional abuse litigation

Section 1: Contextual overview

1. Historical background to child abuse in australia

2. Civil liability of institutions for child abuse

Section 2: Direct liability of institutions for child abuse

3. Overview of the direct liability of institutions for child abuse

4. Duty of care and school authorities

5. Duty of care of child welfare authorities

6. Duty of care of juvenile justice authorities

7. Duty of care of religious organisations - The Catholic Church

8. Duty of care of religious organisations - The Anglican Church

9. Duty of care of religious organisations - The Salvation Army

10. Duty of care of sport, recreation and other groups - The Scouts

11. Duty of care of sport, recreation and other groups - Sporting Bodies

12. Duty of care of the Australian Defence Force

13. Breach of a duty of care

14. Causation

Section 3: Relationship-based (strict) liability

15. Overview of relationship-based (strict) liability

16. Non-Delegable Duty

17. Vicarious Liability

Section 4: Damage

18. Damage

19. Causation of damage

Section 5: Damages

20. Overview of damages

21. Non-pecuniary loss

22. Pecuniary loss - economic loss

23. Pecuniary loss/ medical and allied expenses

24. Exemplary damages

Section 6: Proof and evidence

25. Overview of evidential difficulties in child abuse litigation

26. Evidential difficulties - The foundational fact

27. Evidential difficulties - Direct liability in negligence

28. Evidential difficulties - Vicarious liability

29. Evidential difficulties - Damages

Part II: Procedure

Section 1: Pre-litigation matters

30. Choice of laws

31. Limitation periods

32. Parties - Plaintiff

33. Parties - Defendant

Section 2: Pleadings

34. Pleadings - General

35. Pleadings - Particular issues

36. Pleadings - Defective pleadings

Section 3: Litigation

37. Subpoenas

38. Setting aside previous settlements

39. Permanent stays in historical child abuse cases

40. Permanent stays - Particular issues in permanent stays in child abuse proceedings

41. Pseudonym and non-publication orders

42. Mediation/alternative dispute resolution matters.

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 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. - Publisher's website.

Includes bibliographical references and index.

9780455503257

lxxviii, 807 pages ; 25 cm