Take a deep-dive into the practical implications of the landmark abuse law cases including the decision in Bird v Bird, and DB v the State of WA, the first case to be heard under the new legislation. Join leading legal experts and examine the latest developments in vicarious liability and duty of care in historical abuse cases plus receive guidance on cross claims and the apportionment of liability. Gain essential practical strategies for trauma-informed practice under the National Redress Scheme from experienced abuse law practitioners.
Thursday, 23 October 2025
11.00am to 11.15am Break
10.00am to 11.00am The Decision: DB v State of WA [2025] WADC 60
Examine the implications of this landmark decision which represents a significant development in institutional abuse jurisprudence raising critical questions about litigation strategy, risk management and institutional accountability. The case deals with three issues that have broader application:
- Scope and breach of duty in state ward matters
- The “good faith” defence
- Exemplary damages
Presented by John Rule, Principal Lawyer, Maurice Blackburn Lawyers
9.00am to 10.00am Vicarious Liability and Duty of Care Issues for Historical Abuse Claims
- Case study of Bird v DP [2024] HCA 41; 98 ALJR 1349
- Case study of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle
- Update on legislative reform in light of Bird v DP
Presented by Luke Geary, Partner, Mills Oakley; Recognised Lawyer, Non-Profit/Charities Law, The Best Lawyers Australia
11.15am to 12.15pm Cross Claims: Apportionment of Liability
Presented by Shakvaan Wijetunga, Lawyer, Carroll & O’Dea Lawyers
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Professional Skills
12.15pm to 1.15pm Trauma Informed Practice and Supporting Survivor’s through the National Redress Scheme
In this practical and insightful session, explore the fundamentals of the National Redress Scheme and share best-practice principles and strategies for supporting and assisting clients through trauma-informed practice.
Presented by Alexis Polidano, Acting Principal Lawyer, and Yvonne Urry, Manager Trauma Informed Practice, Knowmore Legal Services
Presenters
John Rule, Principal Lawyer, Maurice Blackburn LawyersJohn is a principal lawyer and the national practice leader of abuse law at Maurice Blackburn. After joining Maurice Blackburn in 2011, John acted for plaintiffs in all areas of personal injury law predominantly in Victoria and the Northern Territory. Post-Royal Commission, John has specialised in abuse law and now oversees abuse practices in Melbourne, Sydney, Brisbane, Perth and Adelaide.
Alexis Polidano, Acting Principal Lawyer, Knowmore Legal Services
Alexis Polidano is Acting Principal Lawyer at Knowmore Legal Service. Since 2017, she has championed access to justice for vulnerable people, drawing on experience at Legal Aid NSW and as a high-school teacher, with a strong focus on trauma-informed practice.
Luke Geary, Partner, Mills Oakley
Luke has a particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In this regard, Luke appeared as a legal advisor in a number of public hearings before the Royal Commission, he participated in many of the Royal Commission’s roundtables (both public and private) for the development of policy positions and has appeared before the Australian Senate Committee and worked with the Commonwealth Redress Taskforce in its design of the National Redress Bill (which is anticipated to provide assistance in justice outcomes for approximately 60,000 Australians). Luke is regularly briefed by major institutions in the most sensitive and significant common law abuse claims and assists in their delicate resolution in a trauma-informed way. Additionally, Luke acts for survivors of abuse in claims against State government institutions, assisting them to obtain either common law or redress justice outcomes compassionately and giving them assistance in finding healing in their lives. Luke was named one of Australia’s Best Lawyers for Non-Profit/Charities Law in the 2023/2024 Best Lawyers list for the eighth consecutive year, including in both 2020/2021 and 2023/2024 being named as Australia’s Non-Profit/Charities ‘Lawyer of the Year’.
Yvonne Urry, Manager Trauma Informed Practice, Knowmore Legal
Yvonne Urry is the Manager Trauma Informed Practice at Knowmore Legal Service currently based on the unceded stolen land of the Gadigal people. Yvonne contributes to trauma informed practice leadership within Knowmore’s culturally safe, multidisciplinary practice framework. Yvonne is a social worker form Aotearoa/New Zealand, with a specialised professional role supporting survivors navigating sexual violence justice trials. Yvonne led a national specialist court support pilot in Aotearoa, with the support of the Ministry of Social Development and produced national trauma informed, court support resources for survivors and training for court support workers in the sexual violence sector.
Shakvaan Wijetunga, Lawyer, Carroll & O’Dea Lawyers
Shakvaan Wijetunga is a valued member of the Business team and the Community & Associations team at Carroll & O’Dea Lawyers, based in the firm’s Sydney office. He works across multiple and varied areas including property, commercial, IP and institutional abuse defence, reflecting his multi-disciplinary career in law and music. Shakvaan also assists with business formation & transactions, business regulation, entertainment law, shareholders & partnerships, estate planning, governance matters, professional standards and forming, restructuring & merging organisations.
