Abuse claims

At Guardian Injury Law, we assist survivors of sexual, institutional and physical abuse obtain the compensation they deserve. Using a trauma informed approach, we provide the space and support so that you can share your story in a safe environment. We will provide you with clear, plain English advice so that you can understand the legal options available to you and make informed decisions every step of the way.

Abuse claims and accessing compensation

Following the Royal Commission into Institutional Responses to Child Sexual Abuse, survivors now have several options in accessing compensation. These can include:

a common law damages claim;
a deed revisit if you have received a past settlement; or
an application under the National Redress Scheme.

Because survivors now have choices, it is crucial that you obtain legal advice to know exactly where you stand, allowing you to make informed decisions every step of the way, in a supported environment.

Claims can be brought against various institutions such as:

the responsible State (for example, the State of Victoria)
church’s;
private schools;
public schools or The Department of Education;
sporting and recreation clubs;
orphanages;
children’s homes; and others.

Compensation options available for survivors of abuse

Although there is a variety of compensation options open to survivors, it is our strong advice that you seek legal advice and assistance from a lawyer experienced in abuse claims, prior to pursuing and/or accepting any offer.

In most circumstances, the compensation available at common law is more significant than what is currently on offer under the National Redress Scheme. Further, if you accept an offer under the National Redress Scheme, you cannot return at a later date and pursue common law damages.

Our aim will always be to maximise the compensation you receive, to help you rebuild your life and to secure your financial future.

SEEK LEGAL ADVICE BEFORE YOU ACCEPT ANY OFFER: 1300 700 761

Common law claims

A common law claim can include:

pain and suffering damages;
exemplary damages if the defendant’s conduct has been grossly negligent;
damages for past and future economic loss; and
damages for out-of-pocket medical care.

These claims are issued in the Supreme Court of Victoria and compensation payments can be quite substantial depending upon your individual circumstances.

Revisiting earlier settlements and judgments

If you have previously entered into a settlement or received a judgment as a result of a claim for abuse, you may be able to re-visit this settlement and achieve additional compensation. Revisiting earlier settlements and judgments has come about as a result of the Royal Commission into Institutional Responses to Child Sex Abuse and subsequent legislative changes.

Survivors will need to apply to the Court to have the deed or judgment set aside and show that it is just and reasonable for the Court to do so.

Importantly, you cannot seek further compensation if you have participated in the National Redress Scheme and received the compensation available under that scheme.

The National Redress Scheme

The National Redress Scheme was introduced following the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Claims can be brought if the institution responsible has joined the Redress Scheme. A list of those institutions that have joined the scheme can be found here.

Redress claims are currently capped to $150k (figure current as at 1 July 2021) and can be significantly less than results achieved in common law claims.

Applications for the National Redress Scheme can be made from 1 July 2018.

You can choose to apply if you:

experienced institutional child sexual abuse before 1 July 2018; and
are aged over 18 or will turn 18 before 30 June 2028; and
are an Australian citizen or permanent resident; and
are applying about an institution that has joined the National Redress Scheme; and
apply between 1 July 2018 and 30 June 2027.

You can contact the independent legal service, “knowmore” for free legal advice about a Redress application.

Because every claim is different, we encourage you to seek advice from Guardian Injury Law.

SEEK LEGAL ADVICE BEFORE YOU ACCEPT ANY OFFER: 1300 700 761

We will provide you with a no-obligation, confidential and free first consultation.

After a careful assessment and analyses of your case, if we determine that you have a claim, we will undertake all work on a no-win, no-fee or expenses basis. This means that you are not required to pay for any expenses or costs throughout the course of your claim. You will only have to pay legal fees if you have a successful outcome.

Time limits

There is currently no time limit in Victoria in which to make a common law claim for abuse. The previous three-year time frame in which to lodge a claim was removed in 2015.

This means that if you suffered abuse, no matter how long ago, you may be able to bring a claim.

Successful claims are brought for survivors who suffered abuse many decades ago, allowing them to maximise compensation and to secure their financial future..

Should I make a report to the police?

If you are a survivor, it is important that you consider whether or not you are able to make a report to the police. If you have been abused by an individual, you can make a claim to the Sexual Offences Child Investigation Team (SOCIT) police unit. If you have been abused in an institutional setting, then you can make a complaint to the SANO taskforce.

Support services available for survivors of childhood abuse

At Guardian Injury Law, we understand that sharing your story and deciding to bring a claim can be a very difficult process. We are committed to using a trauma informed approach with all our clients and actively working with their support network, including health professionals, friends, family or support workers.

If you are seeking assistance and support, we recommend the following support services.