Substantive Law circle May 14, 2025

Setting aside deeds in historical abuse matters: The current and developing landscape across Australia

Presented by Georgina Wong , Mathisha Panagoda and Vanessa Kemp

Setting aside deeds in historical abuse matters: The current and developing landscape across Australia

In this presentation, partners Mathisha Panagoda, Georgina Wong and Vanessa Kemp provide an update on decisions handed down to date, the reaction of the Courts across states and territories to the setting aside of deeds.

The re-examination of previously settled historical abuse claims and applications to set aside prior deeds of settlement has become a growing area of focus for plaintiff firms. For insurers and institutions this has become a hot topic and a point of pain, as it isn't just new claims that they need to be concerned with,it's also the claims that you thought were finalised.

In this presentation, partners Mathisha Panagoda, Georgina Wong and Vanessa Kemp provide an update on decisions handed down to date, the reaction of the Courts across states and territories to the setting aside of deeds and thoughts on longer term trends, along with what claims officers and legal teams need to consider when assessing risks of successful applications in re-emerging claims.

This is commentary published by Colin Biggers & Paisley for general information purposes only. This should not be relied on as specific advice. You should seek your own legal and other advice for any question, or for any specific situation or proposal, before making any final decision. The content also is subject to change. A person listed may not be admitted as a lawyer in all States and Territories.

Stay connected

Connect with us to receive our latest insights.