Setting aside historical abuse settlements - just & reasonable
TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157
Davis J
FACTS
Mr Lynch was employed at Brisbane Grammar School (the Respondent) as a counsellor. Over a one year period from 1986 and 1987, he sexually assaulted the Applicant on numerous occasions. [1]-[2]
In 2001, the Applicant sued the Respondent for damages in personal injuries suffered as a result of the Respondent’s abuse, including both psychiatric and psychological damage. The proceedings were settled in the next year (late 2002) by a written ‘settlement agreement,’ and payment of $47,000.00. [3]
The Applicant applied for an order to set aside the settlement agreement. The Applicant sought to commence fresh proceedings against the Respondent upon causes of action arising from the assaults. [5]
David Cormack – Brisbane Barrister & Mediator?