A glance at quantum for child abuse cases -where might Queensland be heading?

In this blog we considered where Queensland might be heading in terms of general damages assessments for matters concerning child abuse and child sexual abuse. We consider this in light of the awards for general damages made in other jurisdictions within the Commonwealth.

Seiffert v Chadwick and TAC [2021] QDC 8

The Queensland District Court recently considered the damages for a gentleman who was injured when the defendant drove up the rear of his stationary vehicle. The court looked at the effect of changes in employment (both before and after the injury) on the assessment of past and future economic loss assessments, as well as general damages, and special damages.

Allen v O’Donnell & Anor [2021] QSC 63

In the matter of Allen v O’Donnell & Anor [2021] QSC 63, the court entered into length consideration of the appropriate awards of damages after Mr Allen was injured in an MVA. The court gave considerable through to the appropriate ISV of each injury in order to assess the appropriate uplift to the dominant injury and the overall general damages.

Meechan v Savco Earth Moving Pty Ltd [2021] QDC 14

The Queensland District Court, early this year continued with a quantum assessment even in circumstances where liability was not made out. The Court entered into an assessment of General Damages and Economic Loss (and resultant Loss of Superannuation). Special Damages, ‘out of pocket’ expenses and Fox v Wood damages were agreed between the parties, and so were not considered.

Lawrence v Christian Brothers [2020] WADC 27

Quantum decision of the Western Australian District Court in a Historical Institutional Abuse matter. The Court considered assessments of General Damages (where there are no statutory provisions applicable), Economic Loss and Loss of Superannuation.