At Judy Courtin Legal we represent victims of institutional sexual and other abuse. Respect and confidentiality are assured.
Following 25 years as a health practitioner, Judy Courtin returned to study and completed her law degree.
Her honours thesis examined the appellate journey for child sexual assault convictions in Victoria. The resultant injustice of extremely low reporting and conviction rates combined with very high successful appeal rates, impelled Judy to further inquire into this area of the law.
Her PhD at the Faculty of Law, Monash University, provided the perfect vehicle for addressing the justice needs of victims of institutional sexual and other abuse.
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>>> PAST UNFAIR SETTLEMENTS AND DEEDS OF RELEASE – NEW LAWS
On Friday 14 June, the Attorney General, Jill Hennessy, announced that her government will introduce legislation that will include provisions giving the court the power to set aside deeds of release associated with past unfair and unreasonable settlements.
The Children Legislation Amendment Act 2019 was passed in the parliament on 10 September 2019 and received what is called ‘Royal Assent’ on 14th September 2019.
With respect to past settlements and deeds of release, this piece of legislation gives power to a court to set aside a past settlement and deed if the court is satisfied that is just and reasonable to do so. That is, was the past settlement fair and reasonable?
The legislation as it reads is very broad in nature and each case will depend on its own facts and circumstances. Basically, if a past deed of release is set aside, it potentially opens up the way for a new civil claim to be prepared and lodged with the court.
Judy Courtin Legal has commenced preparing these types of claims for the court.
If you have a prior claim and signed a deed of release, and you have any queries, please contact our office.
Western Australia and Queensland have had very similar legislation in place since 2018.