How we help > Abuse

Historical Abuse

If you have suffered sexual abuse, serious physical abuse or psychological abuse in connection with sexual abuse or serious physical abuse, and the abuse took place in Queensland, you may be entitled to compensation.

There are two different claim options that may be available to a survivor of abuse:

1.     Application for redress under the National Redress scheme (payments capped at a maximum of $150,000); or

2.     Common law damages claim, which may compensate you for areas such as:

a.     General damages (including pain and suffering)

b.     Aggravated damages

c.     Exemplary damages

d.     Past and future loss of income

e.     Lost superannuation

f.      Care and assistance

g.     Out-of-pocket expenses such as medical and treatment costs

Importantly, you cannot claim both redress and common law damages and the amount of compensation you may be entitled to may be significantly different under each claim depending on the individual circumstances of your case. For this reason, it is very important you obtain legal advice before lodging any claim.

There is no longer a time limit within which to commence a claim in Queensland or New South Wales if the abuse took place when you were a child. However, strict time limits apply if the abuse took place as an adult. There are circumstances when the time limit can be extended; however, this is usually a complex question requiring careful consideration.

The law relating to abuse claims can be very complex depending on the circumstances of each case. This is why it is very important to obtain legal advice regarding your individual circumstances and the legal options available to you.

For further assistance

At Southside Legal we have a team of experienced lawyers who are trained in trauma-informed legal practice to ensure we can provide survivors of abuse with the best support and reduce the stress associated with the legal process as much as possible.

There is no pressure to pursue a claim if you do not want to after speaking with us. We are here to make sure you are fully informed so you can make the best decision for you. We will support you whatever your decision. Give our team a call today.

Frequently asked questions

  • In both Queensland and New South Wales, there is no limitation period for actions of child abuse. Both jurisdictions define abuse as sexual abuse, serious physical abuse, and in some cases psychological abuse.

  • Abuse claims are typically brought against the institution that was responsible for your care such as:

    - Schools;

    - Churches;

    - Religious Institutions;

    - Australian Defence Force;

    - Juvenile Detention Centres;

    - Orphanages;

    - Prisons;

    - Children’s Homes.

  • Claims are more commonly brought against institutions and, in those cases, it is extremely unlikely that you will have to face your perpetrator.

    If your claim is made directly against the perpetrator directly, then they will be involved in the claim and will likely engage legal representation.

    Throughout the course of your claim, all communications will be handled by our office and you will not need to interact with the perpetrator or their legal representation. Rest assured our lawyers will ensure you are well informed along the way.

  • The National Redress Scheme was setup by the Government following the Royal Commission inquiry into Institutional Responses to Child Abuse.

    It offers a capped amount of compensation ($150,000.00) that is assessed on the extent of your abuse.

    It is very important that you do not apply for the National Redress Scheme unless you have sought legal advice regarding your rights to pursue a common law claim as your application for Redress may effects your right to claim.

  • Only a very small percentage of abuse claims proceed to a trial. In our experience, the majority of matters are settled without having to proceed to trial.

    Some claims do have to go through the Court process but can resolve at mediation without having to proceed to a trial.

    If a trial is required we will discuss this with you and support you through the process. You will not be alone.

  • This is a question we are often asked by our clients and we can appreciate why this is important to know. Unfortunately, there are many factors and complexities that can impact the time it takes to resolve a claim. Some of the complexities that can impact your claim journey are:

    - having multiple perpetrators;

    - difficulties or delays in sourcing evidence from third parties;

    - sourcing of medical experts with reasonable availability who are right for your case.

    Importantly, every case is different and we pride ourselves on ensuring we understand how you and your case are unique to ensure we prepare your case right! Once we know more about your individual circumstances we will be able to discuss likely timeframes for your matter.

  • There is no general rule of thumb when it comes to compensation. The amount of compensation you will be entitled to varies from person to person and case to case. No two cases are the same.

    We will make sure that your individual case is properly prepared and your entitlements assessed to ensure you receive personalised advice.

    The type of compensation you are entitled to can include:

    - Economic loss (past and future loss of earnings);

    - General damages (otherwise known as pain and suffering); and

    - Treatment expenses (past and future).

  • At Southside Legal, we offer a no win no fee service to help reduce the stress of pursuing a claim. No-win no-fee means you only pay at the successful conclusion of your claim.

    At no point throughout your claim will you be required to pay any of our legal costs.

    Legal costs vary from case to case; please contact one of our lawyers to discuss what an estimate of your legal costs may look like.