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Historical Abuse Survivor Awarded $950k In Damages

Case Overview
  • Our client is a survivor of historical abuse which dates back to 1988. Having been made a ward of the state at age 11, she was placed into foster care. 
  • She was placed into a few group homes and on all occasions, she suffered physical and emotional abuse by the cottage parents. In two of the homes she suffered sexual abuse at the hands of the male cottage father, and a male relief worker. 
  • As a result of the abuse, our client sustained significant psychiatric impairment which had a detrimental impact on her life, including in her relationships and employment. 
Our Approach

The Defendant argued that it did not breach any duty of care owed to our client and was not responsible for the harm caused.

We issued several requests for Departmental records prior to commencing proceedings. Whilst extensive records were produced, it appeared that there were either records missing, or that there was no supervision by the State during certain periods. 

To support the case, we had our client assessed by an expert psychiatrist located in Victoria. 

An early settlement conference was arranged, mitigating unnecessary costs and further trauma to our client.

The Result

The State pays $950,000 in damages.

Compassion, Guaranteed

At GMP Law, we understand the courage that it takes to come forward and discuss traumatic experiences of childhood sexual abuse with others. Our compassionate team will fight to achieve maximum justice for survivors of institutional and historical sexual abuse.

If you have been the subject of abuse, we are here to listen and provide you with a confidential, no obligation consultation with our expert solicitors.

You're in Safe Hands

Are you a survivor of abuse? Call us for confidential, free advice.

Frequently Asked Questions

More Information

Helping sexual abuse survivors gather the evidence they need to bring a successful compensation claim is part of the service Gerard Malouf & Partners provides. You shouldn’t feel that you need to have done this work yourself before coming and speaking to us.

Based on our extensive experience of handling and winning sexual abuse compensation claims evidence typically includes:

  • Proof of medical treatment costs (or counselling and / or physiotherapy)
  • Records of the victim and offender being in a given place when a sexual offence took place (e.g. enrollment in schools, residence at an aged care facility)
  • A victim’s signed statement of truth that their story is accurate

The awarding of financial compensation in civil cases breaks down into four areas:

Cost of treating the immediate physical or psychological injury
Ongoing medical costs, such as domestic care to recuperate from long-term injuries
Non-economic (pain and loss) damages for psychological or emotional distress
Loss of earnings or superannuation if the incident leaves you unable to work

In some cases, courts have awarded victims “aggravated and exemplary damages”. This usually occurs in special or extreme circumstances when the court wishes to make an example of the defendant.

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About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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