Personal injury lawyers should be aware that the Supreme Court of Victoria has a new case management list. The Institutional Liability List in the Common Law division manages institutional child abuse matters.
Proceedings suitable for inclusion in the list are those involving:
- Claims against an organisation founded on the death or personal injury of a person as a result of alleged physical or sexual abuse of a minor.
- Claims for breach of the duty of care imposed by s 91 of the Wrongs Act 1958 (Vic).
- Applications to set aside a previous judgment or settlement agreement pursuant to sections 27QB or 27QD of the Limitation of Actions Act 1958 prior to the commencement of a proceeding on an action referred to in s 27QA of that Act.
- Claims against an educational organisation arising out of the death or personal injury of a student of that organisation as a result of physical, sexual or psychological abuse by a fellow student or individual employed or associated with that organisation.
The management of proceedings in the Institutional Liability List is in accordance with Practice Note SC CL3 – Personal Injuries List.