The High Court handed down its decision of GLJ -v- The Trustees of the Roman Catholic Church for the Diocese of Lismore on 1 November 2023. Those of us working for victims/survivors of childhood sexual abuse applaud the decision, which has al…
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The Victorian Government’s Inquiry Terms of Reference provides that it will cover child abuse by a “relevant employee” at Beaumaris Primary School during the 1960s and/or 1970s and “any other government school”. However, it will also look into…
Whiplash is a painful neck and back injury caused by sudden jolts that frequently occur during motor vehicle accidents. The symptoms of a whiplash injury can vary significantly, including neck or back pain and stiffness, numbness and tingling …
Ryan Carlisle Thomas is working on behalf of a plaintiff in an institutional abuse civil proceeding in the Supreme Court of Victoria. He alleges he is a survivor of child abuse by three former Christian Brothers:
Brother Edward Vernon Dowlan
B…
On 3 April 2023 the former principal of the Adass Israel School, Malka Leifer, was found guilty of child sexual abuse and rape by a jury in the County Court at Melbourne. Of the three complainant sisters, Ms Leifer was found guilty of offence…
The decision to divorce is never easy and it can be particularly hard to know where to start. There are a number of eligibility requirements involved when applying for divorce in Australia. Family and Relationship Law Senior Associate, Elisabe…
RCT Law can assist survivors with claims involving school abuse and has done so for many years.
Sexual abuse by teachers, other members of school staff and peer on peer/student abuse is unfortunately common in Australia. Of all abuse survivors…
Our abuse law team can assist survivors with claims involving abuse in religious institutions or by people connected with those institutions, and has done so for many years.
There are various options that are available to resolve religious abu…
In this rapidly evolving digital age, where domain names, cryptocurrencies like Bitcoin, thriving apps, vibrant social media profiles, and burgeoning online ventures have become the norm, it's time to rethink traditional estate planning strate…
In the realm of estate planning, the term "Challenging a Will" carries profound implications, sparking conversations on two distinct fronts:
Assessing the Will's Validity
This avenue involves scrutinizing the legitimacy of a Will, encompassin…
Stringer Clark, in partnership with Ryan Carlisle Thomas Lawyers, a leading Melbourne legal firm dedicated to championing justice and equality, proudly announces its firm endorsement of the Voice to Parliament Referendum. As a steadfast advoca…
The Victorian State Government has foreshadowed some significant changes to WorkCover legislation. The amendments will be made by way of a Bill, which is to be submitted to parliament in the spring session. Subject to the Bill being passed it …
If you've been injured in a road accident and have to take time off work, you may find that your employer becomes less and less supportive as the time goes on. While the Transport Accident Commission (TAC) provides income support for road acci…
Did you know that, in addition to the more well-known types of compensation (such as the cost of treatment and care, pain and suffering damages and compensation for economic loss) which can be claimed in Negligent personal injury claims (exclu…
Suffering an injury or illness that stops you from working in your regular job or any role you are educated for or have experience in could mean you are eligible to make a total permanent disability (TPD) claim for compensation. The injury or …
In 2020, WorkSafe Victoria established the Workers Compensation Independent Review Service (WCIRS) to review decisions of the WorkSafe Insurer that remained unresolved after Conciliation.
The Service was established in response to a recommend…
When you suffer an injury, the immediate focus will of course be on making sure you are ok.
However, if your injury has been suffered at work, as a result of a motor vehicle accident and/or in circumstances where you suspect another party mig…
If you have been injured at work but delayed making a WorkCover claim it may not be too late to do so.
While it is desirable to lodge a WorkCover claim as soon as possible after injury, there is no absolute deadline to make a claim. What is i…
The High Court of Australia recently made a decision in the case of Kozarov v Victoria [2022] that we hope will make it easier for workers to bring common law claims for psychiatric injuries.
Kozarov was an employee of the Office of Public Pr…
This week is National Volunteer Week: a time to celebrate the commitment and selflessness of people who dedicate their time to worthy causes across Australia.
Sadly, people do suffer injuries in these roles, both physical and mental, and a qu…
Pets are often the most cherished member of a family and are a primary companion for many people. A pet can be a welcome source of love, comfort and distraction from everyday stress. Clients experiencing separation and divorce often seek guida…
The ABC recently reported a story on former students and survivors of sexual abuse at Gippsland Grammar and their disappointment when they learnt of huge disparities in compensation payments ranging from $40,000 to $1 million for survivors of …
Whether you are being assisted by a lawyer or you are self-represented, attending court can be quite daunting and unfamiliar. Here are a few pointers to remember when attending court.
Arriving at Court
It is recommended that you arrive 30 or 4…
Separation is typically a challenging and emotional time, and the first thing you may ask yourself is ‘where do I go from here?’. For some clients, it can also be a liberating time where new beginnings await.
At the outset, please remember th…
Many injured workers are unaware they may have a claim for a lump sum compensation payment for permanent impairment under WorkCover (the WIRC Act 2013).
Impairment claims can give rise to a lump sum payment which is tax free and without any e…
If injured, labour hire workers retain significant legal rights to workers compensation for injury, as well as employment protections.
In this blog, I explain what a labour hire worker needs to know about their legal rights.
I address two ma…
Another coverup of child sexual abuse has been discovered, this time involving the Ballarat Orphanage.
The ABC Background Briefing program has revealed that the superintendent of the orphanage in 1964, Hylton Sedgman, was engaged in sexual an…
RCT Law has written to the Victorian Attorney-General recently seeking reform of certain provisions of the Corrections Act 1986 (Vic) which we believe have the unintended consequence of unfairly disadvantaging survivors of historical child abu…
In this blog, I explain what steps are involved should you wish to proceed with a Common Law claim for serious injury, in addition to already having obtained a permanent impairment injury lump sum from WorkCover Victoria.
Impairment versus Com…
Having practiced in workers compensation law for many decades, I’ve noticed that it is often small things, like keeping a medical diary, that can make a difference in obtaining a better injury compensation payout for serious injury. A serious …
WorkSafe is ensuring the safety of workers by laying charges against employers who do not provide the required safety measures to prevent injuries and fatality of workers.
This effort is in response to workplace manslaughter becoming a crimin…
We continue to see an increase in reports of allegations of abuse in the context of schools – an environment where society expects and demands that children are nurtured and kept safe.
The Age has recently reported that complaints of child se…
Getting WorkCover to accept a claim for a psychological injury can be challenging, even as psychological injury claims are spiking as a result of working under the pressures of COVID-19.
However, successful psychological injury claims may be …
Injured workers who have had their Centrelink payments reinstated or who rely on payments while awaiting a Common Law settlement are having to wait long periods during which they have no income.
It is unacceptable to deprive injured workers o…
RCT Law is acting for for a client who alleges to have been abused by a teacher during the 1960s and 1970 in Victoria. We are asking for anyone who may have information about the abuse or have been a witness to it to please come forward.
The …
As Injury lawyers, we are often asked questions about Workplace injury close to retirement age.
The answers lie within the Workplace Injury Rehabilitation and Compensation Act 2013 which governs the way that compensation is provided to injure…
Injured but scared of losing your job? You really should lodge a WorkCover claim quickly. Making the claim before losing your job means you get to keep any redundancy payout plus you also qualify for WorkCover income payments and medical expen…
We all hold a picture of what we believe the future may hold for us as we move through life and towards retirement and old age. Receiving a diagnosis of a serious illness, particularly of cancer, creates uncertainty around all aspects of that …
How to unlock the injury benefits in your Super: key points
Millions paid out by Super schemes as income support
Most Super plans come with income insurance
Benefits are extra to any WorkCover or TAC benefits
It’s easy to access these…
Over the years, Camberwell Grammar School, also known as Camberwell Church of England Grammar School, has joined the ranks of prestigious schools to be rocked by allegations of historical child abuse.
Early warning of the horrors to come
In hi…
It had long been a source of frustration among injured workers that, having suffered the pain of an often job-ending workplace injury, they then had their Super suspended forever, with little prospect of adding to their retirement income.
One…
As Victorian businesses gear up for staff returning to the office, employers are encouraged to consider recent changes to workplace manslaughter laws.
As recently as December 2020, WorkSafe Victoria reported that two companies and a director …
There is a dark history of abuse of vulnerable Victorian children in The Salvation Army. For many decades, The Salvation Army ran the Box Hill Boys’ Home, which was home to wards of the State, and children were placed there privately or were r…
Increasingly, Australians are more inclined to use AirPods or headphones when talking on the phone through fear of the health risks of brain cancer, tumours or other illnesses associated with excessive mobile phone usage.
Many of us have hear…
Inquiries often arise regarding workplace injuries near retirement age, and as injury lawyers, we address these concerns within the framework of the Workplace Injury Rehabilitation and Compensation Act 2013, which regulates compensation for in…
Lawyers in Victoria have worked out a legal means of winning compensation cases for former child migrants. Several cases involving former child migrants have now been won through the courts by the law firm RCT Law (Ryan Carlisle Thomas).
Prev…
If you’re a casual worker, you are covered by WorkCover for any accident or injury which occurs in the workplace. The fact that you are casual is irrelevant.
In this blog, I explain what you need to do as a casual if injured.
Every employer …
Impairment versus Common Law claims
If you are an injured worker lodging a compensation claim for a work-related injury, you need to understand that there are two different types of lump sum claims to consider. There is a big difference betwee…
Clients on WorkCover returning to work after injury often have questions about their on-going benefits or flare-ups of an injury. Here are some common questions our WorkCover lawyers are asked.
Will my claim stop when I return to work?
Getting…
As expert WorkCover lawyers, our team has advised thousands of injured clients, many of whom were reluctant to lodge an injury claim because they feared either for their jobs or the effect their claim might have on the business.
While underst…
All Australians are being invited to have their say about designs for a National Memorial dedicated to victims of child sexual abuse.
On 22 October 2018, the Federal Government made a historical apology to the generations of children who had …
People often ask our lawyers if psychological injury is treated differently when it comes to claiming a superannuation, Total and Permanent Disablement (TPD) Insurance benefit. The simple answer is that whether you have suffered a physical or …
Key points
It is illegal to stop a casual worker lodging a WorkCover injury claim
Replacement income and medical benefits are available through WorkCover
It’s easy to calculate WorkCover benefits for a casual worker.
Many people these …
If you are injured and your WorkCover claim is accepted, you are generally entitled to receive weekly payments for a maximum of 130 weeks.
In order to receive weekly payment you must provide your employer with a Certificate of Capacity from y…
A recent Victorian case in which a man has been awarded more than $1.5 million for school child sex abuse gives real hope to survivors who choose to have their abuse dealt with through the courts via civil litigation.
In this blog, I analyse …
Stress and associated psychological injuries are growing and are likely to spike due to the affects of the pandemic and employment restrictions.
In this blog, I explore the rising cost of compensation payouts and how you can best protect your…
A recent Victorian case in which a man has been awarded more than $1.5 million for school child sex abuse gives real hope to survivors who choose to have their abuse dealt with through the courts via civil litigation.
In this blog, I analyse …
There is finally good news for the post-war child migrants who attended the Northcote Farm School at Bacchus Marsh. A landmark Victorian settlement has recently resulted in a significant payout for Nigel Owen, who was represented by RCT Law.
…
We are delighted to again be recognised in the prestigious 2020 edition of Doyle's Guide to law firms.
Doyle's Guide is an independent organisation that rates and recommends Australian legal services based on interviews with clients, peers, a…
The plight of abuse survivor David Francis, as covered by ABC News, highlights the grave failures of the National Redress Scheme for survivors of sexual and related institutional child abuse (NRS).
As a boy, Mr. Francis was abused while growi…
According to media reports, the Coronavirus has been responsible for a spike in WorkCover claims, especially among teachers and health workers. In this blog, I explain how workers may be eligible for both physical and psychological injury Work…
While a new Redress Scheme has been set up to compensate police for sexual abuse and harassment, it may not be your best option for compensation. We explain why.
When and why was the police abuse scheme established?
In December of 2015, an ind…
One step closer to justice for child sex abuse survivors
In a positive move forward, an Israeli Court has ruled that former Melbourne school principal, Malka Leifer, should be extradited to Australia. The decision comes after years of delay an…
In a positive step forward for survivors of abuse in Queensland, the State Government has passed new laws which make it an offence for clergy members to fail to report and fail to protect children from institutional child sexual abuse. In a st…
Hundreds of survivors who have applied for financial redress through the National Redress Scheme are having to wait months while the organisations against whom the allegations have been made resist or stall joining the Scheme.
These organisat…
This is a reminder for those who suffered abuse in the Australian Defence Force (‘Defence Force’) and wish to make an application for a reparation payment. Applicants are reminded that they must lodge their applications prior to 30 June 2021.
…
A former law student of the Australian National University was recently awarded damages of $420,000 by the ACT Supreme Court (‘John’s Case’) after having been left in an intoxicated state and then sexually assaulted.
The student was a residen…
The question of how and when debts are repaid upon death can be complex to answer as it largely depends upon the deceased’s individual asset and liability structure.
In this article, I explore the key factors concerning debt repayment upon de…
From the outside, Holy Family Primary School and Doveton Parish seemed to be your regular primary school and parish throughout the 1960s to late 1990s.
Looks can be deceiving.
For almost half a century the school was a place of nightmares fo…
You have signed a Contract for the purchase of residential real estate on the weekend, but your solicitor had not seen the Contract before you signed it and has not yet provided you with their advice.
It is vitally important that you let yo…
Scout leaders are among the worst perpetrators of abuse in the Australian sports and recreational sector. In this blog, we identify some of the worst scout perpetrators convicted of sexual abuse in Victoria.
Condemnation of scouts organisatio…
You have negotiated the purchase or transfer of a property to you from your parents, siblings or other relatives and you want to know how much stamp duty you have to pay, if any.
These types of transactions are called 'associated person tra…
Paybacks to Centrelink and Medicare can have a big impact on how much of a lump sum settlement a claimant puts in the bank. Your lawyer should give you an estimate of these paybacks prior to settlement and advise you of the net settlement amou…
Unfortunately, the Ballarat Diocese stands in a league of its own when it comes to the sexual and physical abuse horrors that took place within its boundaries. The abuse committed in Ballarat was the subject of an entire report by the Royal Co…
A question that we often get asked is whether someone is able to resign their employment while they are getting WorkCover weekly payments or other benefits.
This might be because they have had a big falling out with the employer and feel thei…
I recently spoke with a new client who had sustained a shoulder injury at work. He was getting his medical and like expenses paid by his employer, and the employer paid for surgery to the shoulder which would have cost many thousands of dollar…
How and why is Parkville Youth Justice Centre still standing and will it continue to do so indefinitely?
It has been widely reported that the Victorian Government recently backflipped on its decision to shut down Parkville Youth Justice Centr…
If you feel you have been unfairly left out of a Will and are thinking of a legal challenge, here’s what you need to know.
When a person makes a Will, they have the freedom to leave their assets to whomever they choose, whether it be a relati…
RCT Law has recently settled a compensation claim for a man who was abused as a student and boarder at St. Patrick’s College in Sale in the 1960s.
He is just one of a number of cases we have brought against St. Patrick’s in Sale, along with o…
Are you entitled to receive WorkCover support if you have aggravated a pre-existing injury at work?
The short answer is "yes". This blog explains how best to make a claim.
The WorkCover legislation states that a worker is entitled to receive…
We have a lot of our WorkCover clients ask us questions regarding the “52 week period” whereby employers are generally obliged to provide suitable employment for a period of 52 weeks of the worker’s incapacity.
3 common questions
Will I hav…
The question of what happens to your job when you’re on WorkCover is a common one. It is complex as it involves not only WorkCover laws but employment and discrimination laws. There is also a lot of misunderstanding regarding an employer's dut…
Geelong Grammar School, once renowned for its exceptional teaching staff and prestigious alumni, has in the past few years grappled with the less flattering association with paedophile employees. This is occurring years after the work of the R…
Workers receiving weekly payments are sometimes unaware that if they fail to attend an independent medical examiner (IME) appointment without reasonable excuse they risk having their weekly payments suspended.
The Workplace Injury Rehabilit…
Guardianship and Administration Orders and VCAT
Every adult person has the right to make decisions regarding their personal and financial affairs. But what happens when that person is unable to make such a decision because they suffer from a d…
I’m in a same-sex couple/non-conventional but long-term relationship. We have never married, although we were together for a number of years. We are now separated.
Will the court treat me the same as someone who was married?
This is a questi…
You might be facing redundancy and have been asked to sit an “exit medical” by your employer.
Do you have to comply? And if you do, will it jeopardise any future WorkCover claim? Can you be made redundant while on WorkCover?
These are questi…
The Supreme Court of Victoria has granted a woman and her three children the right to sue the State of Victoria for failing to better protect them from family violence.
In August of this year, Justice John Dixon of the Supreme Court of Victor…
A growing numbers of married migrants arriving in Australia is posing some thorny problems in family law courts where both parties are seeking divorce, but in different jurisdictions. For example, does a divorce obtained in Australia trump one…
What personal factors impact TAC compensation claims?
1. Age
As a general rule, the older you are, the less you’ll get. For example, in a common law claim, A 20-year-old with an amputated finger would receive a higher compensation payment for …
A common question that clients receiving weekly payments of compensation for a WorkCover injury ask is “What happens to my employment after I have been on weekly payments for 52 weeks?”.
Under WorkCover legislation, your employer must offer y…
Do you have a stack of old looking documents, sometimes including large format parchments with ornate handwriting on it? Or have you been clearing out a recently deceased's relative's things and have come across such documents?
Whatever you…
I thought it may be useful to provide a real-life case example to help give people an understanding of how a Transport Accident Commission (TAC) claim may proceed. Of course, we have changed the name of the client and may have slightly changed…
What is workplace bullying?
Workplace bullying takes many forms, and the law has for some time struggled to adopt a definition of what sorts of behaviour constitute workplace bullying. There is no statutory definition of workplace bullying in…
Do you feel like you are being watched? If you are on WorkCover, it’s possible the insurer has put a private investigator on your tail.
A WorkCover insurer may have grounds to have a worker followed if it suspects the worker is abusing the …
If you are looking at selling or buying real estate you should think about any GST implications of the proposed transaction. The following are a few points you should think about, but if you believe GST may apply to your sale or purchase you s…
Unfortunately for some of our clients, and injured people in general, by the time they receive a lump sum settlement in their claim, they have had their weekly payments terminated by the TAC or by WorkCover.
In those cases, the injured person…
We often see workers who have sustained an injury at work but who did not lodge a WorkCover claim (‘a claim’) immediately. Often this is due to employers telling workers that they do not have any right to compensation, or the workers not reali…
Since 1 January 2011 it has been a requirement in Victoria that any party to a civil proceeding – such as a WorkCover or TAC lump common law sum claim – sign and file with the Court an Overarching Obligations Certificate (“Certificate”). This …
Our usual Blog authors are lawyers employed by Ryan Carlisle Thomas and/or its associated entity, Stringer Clark.
From time to time, we may also publish blogs authored by other staff members or guest bloggers. Where this is the case, it will be made clear. Any advice applies to Victorian State law as at the date of first publication. The information is a general guide only and is not a substitute for legal advice applicable to a user’s own circumstances.
Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.