Greens List barrister, Peter Hamilton, has written a new paper on the Legal Identity of Defendants (Organisational Child Abuse) Act 20018 (Vic) (‘the Act’).
For an Act comprising a mere 15 sections, this legislation has changed forever institutional abuse claims.
This paper provides practitioners with a guide to the operation of the Act. It looks first at plaintiffs’ claims to which the Act applies, then Defendant entities to which the Act applies, how to bring claims against such entities, what happens when an entity no longer exists, and finally what happens if an entity fails to respond to the claim. The paper includes ideas for potential law reform to the Act to see it improve and to bring it into line with other Australian jurisdictions whose acts are, in some respects, more comprehensive than the Act.
You can view the full paper here
