Skip to content

DBH Lawyers

- 20 Dec 2021
  • Personal Injury

If you have resolved a claim for childhood sexual abuse or serious physical abuse against an Institution or the Government in South Australia, you may be entitled to have that settlement set aside and seek further compensation

Until recently, a three-year time limit to commence legal proceedings applied to claims brought for childhood sexual or serious physical abuse.  That three-year time limit began from the time the person turned 18 and expired when they turned 21 years of age.  Over the years survivors of childhood sexual and serious physical abuse have come forward seeking compensation for their injuries but usually many years after the time limit to bring a claim had expired.  As a result, they were required to seek an extension of time to bring their claim.   Given the difficulties in seeking the extension of time to bring a claim, many claims resolved by settlement agreement with the South Australian Government, Churches, Schools and Institutions paying modest sums of compensation.  Those payments were usually significantly disproportionate to the harm the person suffered.

You may have signed a settlement agreement which you thought finalised your claim and usually it would however Parliament has passed legislation which will hopefully be activated shortly to allow a settlement reached with the South Australian Government, Churches, Schools or other Institutions run in South Australia for childhood sexual abuse or serious physical abuse to be set aside if a court considers it is just and reasonable to do so.  When considering whether it is just and reasonable to set aside the settlement agreement, the court will take into consideration the extent to which the need to seek an extension of time to bring the claim contributed to the settlement and the circumstances in which the settlement agreement was negotiated. Acceptance of an offer under a Redress Scheme is not able to be set aside under this legislation.

If you have reached a settlement with the South Australian Government, a Church, a School or other Institution run in South Australia for childhood sexual abuse or serious physical abuse, DBH Lawyers can provide advice regarding whether that agreement can be set aside and further compensation can be claimed.

Over the years DBH Lawyers have assisted hundreds of people with claims for compensation as a result of sexual abuse when they were a child.   We have a senior female and senior male lawyer experienced in bringing compensation claims for victims of abuse against individuals, the government, churches and other organisations.  This means we can accommodate a request for either a female or male solicitor to discuss whether you are entitled to set aside a previous settlement agreement reached and for that lawyer to then manage your claim to its final resolution.

If you have resolved your claim for childhood sexual or serious physical abuse, contact Floyd Bakewell at DBH Lawyers on 08 8231 3668 to make an appointment to discuss your entitlements to bring a further compensation claim.