A Defence Against Permanent Stay Applications
In response to the recent airing (and article published) on the ABC website, titled “Legal Tactics to Fight Abuse Compensation Claims,” Koffels would like to provide reassurance and hope to individuals seeking compensation for child sexual abuse.
While the article may have caused concern among survivors of institutional abuse, the obstacles highlighted represent a small portion of the many Personal Injury & Institutional Child Sexual Abuse cases handled by Koffels Solicitors & Barristers. Recent data shows that a very small percentage of our current historical abuse cases have faced Permanent Stay applications from the defence. Furthermore, we are fighting these applications and have recently succeeded in resisting one made by the Marist Brothers in a case called Peters vs Marist Brothers.
A Minority of Cases Facing Permanent Stay Applications:
It is important for both our clients and survivors of child abuse in Australia more broadly to understand that the cases facing Permanent Stay applications represent a small minority within our law practice. The process of seeking child abuse compensation is complex and multifaceted, and while some cases may encounter legal hurdles, it is essential to persevere & maintain perspective. By highlighting that a very small percentage of our cases have faced Permanent Stay applications, we aim to alleviate concerns and reaffirm our commitment to pursuing justice for the vast majority of clients who proceed through the legal system unhindered.
Success in Overturning Permanent Stay Applications:
Despite the challenges posed by Permanent Stay applications, we at Koffels Solicitor & Barristers have recently achieved notable successes by defeating one in the Supreme Court of NSW. This demonstrates Ross & our legal team’s dedication, expertise, and commitment to advocating for institutional child sexual abuse survivors and those who deserve compensation. These victories serve as a testament to our relentless pursuit of justice and provide hope to our clients, who may be disheartened by the ABC’s portrayal of legal tactics. We are actively working to secure justice for our clients, challenging legal obstacles head-on and attaining positive outcomes.
Individualized Attention and Tailored Strategies:
Our practice places great emphasis on individualized attention and tailored legal strategies for each client. We understand the unique nature of institutional child sexual abuse compensation cases and are committed to navigating the legal landscape to ensure the best possible outcome for our clients. By working closely with our clients, we develop comprehensive legal tactics that address their specific circumstances, leveraging our experience and knowledge to effectively counter defence strategies, including Permanent Stay applications.
Empowering Victims with Support and Guidance:
In addition to our legal expertise, Koffels provides comprehensive support and guidance to our clients throughout the entire legal process. We understand the emotional toll that seeking compensation for abuse can take, and our team of highly experienced legal specialists are dedicated to offering a compassionate and understanding environment. Our goal is not only to secure financial restitution but also to empower victims, promote healing, and provide a sense of closure. Through regular communication and transparent updates, we strive to ensure our clients feel informed, supported, and reassured.
Upholding Justice in Cases Involving Deceased or Impaired Abusers:
It is important to clarify that a Permanent Stay application is only really applicable when the abuser is dead or mentally impaired. In some such cases, defendants may argue that it is unfair to proceed with legal action against them. In most cases, applications for a permanent stay are not actually made.
A case in June the High Court of Australia will redefine the law in relation to permanent stays. We are quietly confident that the High Court will restrict the defendant’s access to permanent stays and that state parliaments around Australia will legislate if the High Court’s decision does not go far enough.
While the recent piece on the ABC website may have raised concerns for those Australians still to find the courage to come forward with their own stories of living with the scars of historical child sexual abuse, we want to reassure them that the challenges highlighted represent a small fraction of our cases. Having successfully resisted Permanent Stay applications and a commitment to personalized strategies, we stand as a beacon of hope for abuse compensation seekers. Our clients can trust in our expertise, dedication, and steadfast pursuit of justice. We encourage individuals to reach out, share their stories, and let us guide them through the legal process, providing the support they need to overcome any obstacles they may face.