HUNDREDS of central Victorians who have settled abuse claims with institutions may be able to re-contest their settlement after a landmark supreme court decision.
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The Victorian Surpreme Court set aside an "inadequate" $32,0000 abuse settlement with the Catholic church made in 1996 on Thursday.
The decisions allows the survivor to sue the church for abuse suffered at the hands of now-dead priest Daniel Hourigan between 1997 and 1980.
It's a move welcomed by support services such as the Centre Against Sexual Assault Central Victoria, who say it validates the experience of survivors.
Bendigo lawyer John McPherson said the ruling meant earlier settlements - made in the 1980s, 90s and early 2000s - could potentially be revisited.
He said many of these had resolved for far less than they ought, due to vulnerable situation of claimants and fierce legal defence from institutions.
Mr McPherson said previously abuse settlements could not be taken further after a signing of a release.
The Victorian government announced in 2019 it would amend legislation so courts could set aside past deeds of release and court judgments relating to child abuse.
Mr McPherson said as it was the first decision to set aside an existing settlement, it opened the door for people who felt aggrieved at the paucity of their settlements to re-litigate their claim.
This could apply to settlements with any institution, from Boy Scouts to Puffing Billy, Mr McPherson said.
He said there were potentially hundreds of people in this position in central Victoria.
Mr McPherson advised anyone in this position to speak to a lawyer who had not had carriage of the original case.
He said there would be scope for considerably greater compensation than originally, given changed government, judicial and social attitudes to sexual abuse of children, and changes to the legal defences available to institutions.
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CASA chief executive Kate Wright said she was very happy with the Supreme Court decision.
She said the acknowledgement of harm suffered would hopefully provide a sense of validation to victim-survivors of abuse.
"For us, the previous arrangement was really just re-traumatising and re-abusing the victim and keeping them silent," Ms Wright said.
"It meant that the institution don't have to respond in any legal, or have any accountability for what occurred."
Ms Wright said her hope was that victims would not be re-traumatised by having to re-tell their story unless they chose. She said CASA wanted to see previous settlements accepted as proof of abuse for anyone who decided to seek further compensation.
She urged anyone seeking to re-contest their claim to connect with specialist support such as CASA if they needed.
CASA contacts
- 5441 0430 (Monday to Friday, 9am to 5pm)
- Sexual Assault Crisis Line, 1800 806 292 (all other times)
With AAP.
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