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Abuse Law Practice and Reform: Navigating Evidence, Redress and Resolution

Navigate the complexities of historical abuse claims and strengthen your ability to assess evidence, evaluate settlement options and advise clients on pathways to redress. Explore the use of AI in preparing evidence, the legal and ethical considerations it raises, and the questions surrounding concurrent non-delegable duties. Examine when historical abuse settlements may be reopened and how courts assess proof where allegations are contested. Gain insights into memory, trauma and psychiatric evidence, and consider what may lie ahead for survivors as the National Redress Scheme approaches the close of applications. Bring together legal, evidentiary and trauma-informed perspectives to sharpen your approach to these sensitive and challenging matters.

Friday, 12 March 2027
Description

Attend and earn 7 units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories

3.00pm to 4.00pm National Redress Scheme: What’s Next?

Reflections on the NRS and discussion on what may come next for survivors after the NRS closes for applications and the Christian Brothers fall out.

Presented by Alexis Polidano, Acting Principal Lawyer, Knowmore Legal Service

4.15pm to 5.15pm Substantive Law

Presented by Lachlan Allan, Barrister, Greens List Barristers

Session 2: Psychiatric Evidence, National Redress Scheme

Chair: Kim Breda, Principal, Sydney Compensation Specialists; Accredited Specialist Personal Injury Law

11.15am to 12.15pm Settled, But Not Finished: When Can Historical Abuse Settlements Be Reopened?
  • The tension between settlement finality and statutory powers to reopen historical abuse claims
  • Partial versus complete set-aside of previous settlements, including previously abandoned or excluded heads of damage
  • What DZY tells us about the evidence needed to establish why an earlier claim was settled on particular terms
  • Revisiting settlements between Bird v DP and legislated vicarious liability amendments
  • Deed set asides impacted by a subsequent Redress settlements and considering the validity of Redress offers

Presented by Kate Flanigan, Special Counsel, Carroll & O'Dea Lawyers

11.00am to 11.15am Morning Tea
9.00am to 10.00am Historical Claims, New Technology: Artificial Intelligence in Historical Abuse Claims
  • How AI is influencing preparation of evidence and the recounting of stories
  • Legal, ethical and procedural requirements in the use of AI
  • Strategies for assessing AI use in your practice

Presented by Sonya Parsons, Partner, Mills Oakley

10.00am to 11.00am Concurrent Non-Delegable Duties: Likely, and if so Where and How?
  • A brief survey of the concept of non-delegable duties and the circumstances in which they arise in abuse
  • Consideration of where concurrent non-delegable duties have been found in the common law
  • Analysis of concurrent non-delegable duties in the abuse law space

Presented by Greg Choat, Special Counsel, Koffels Solicitors & Barristers

Session 1: Abuse Litigation in Focus: AI, Evidentiary Burdens & Emerging Duties

Chair: Leanne McDonald, Founder and Consultant Lawyer, Marlo Legal Consulting

12.15pm to 1.15pm Putting the Plaintiff to Proof: An Examination of the Key Cases in Which the Evidentiary Burden Has Not Been Discharged

Examine the collection of the most up to date cases where defendants have successfully challenged the underlying facts of plaintiff allegations, and the ways in which the Courts have carefully stepped through the forensic process of assessing proof

Presented by Luke Geary, Partner, Mills Oakley; Recognised Lawyer, Non-Profit/Charities Law, The Best Lawyers Australia

4.00pm to 4.15pm Break
Professional Skills
2.00pm to 3.00pm Memory, Trauma and Historical Abuse Allegations
  • How traumatic memories are formed
  • Fragmented memories
  • Delayed disclosure
  • Memory gaps
  • Recovered memories
  • The effect of childhood trauma on recollection
  • Psychiatric issues relevant to credibility assessments

Presented by Carolyn Quadrio, Assistant Professor/Consultant Psychiatrist, School of Psychiatry, University of NSW

Presenters

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’.

Sonya Parsons, Partner, Mills Oakley
Sonya helps charities, not-for-profit organisations and companies resolve their disputes as quickly and easily as possible. She has more than 20 years' experience in a broad range of litigation and dispute resolution, and has been nationally accredited as a mediator. Sonya has particular expertise acting nationally in matters involving claims for historical child abuse. Sonya also acts for non-government schools seeking administrative review of decisions in NCAT, and advising education providers on the Education and Care Services National Law. She has also managed confidential workplace investigations and represented clients at the NSW Independent Commission Against Corruption, and also has a particular interest in matters of workplace fraud and corruption.

Dr Carolyn Quadrio, Assistant Professor /Consultant Psychiatrist, School of Psychiatry, University of NSW
Associate Professor Carolyn Quadrio is an Australian psychiatrist and recipient of the 2024 Medal of the Order of Australia award for her "significant service to psychiatry". An Adjunct Professor at the University of New South Wales, she is a Fellow of the Royal Australian and New Zealand College of Psychiatrists (FRANZCP). She has made significant contributions to both fields of Psychiatry and Family Therapy. In 1989, she co-founded and coordinated the Masters of Psychotherapy postgraduate program at University of New South Wales collaborating with The Prince of Wales Hospital. Her research spans from women's mental health to feminism and gender analysis of psychiatry in Australia. She is also known for working against the abuse of children especially in religious institutions, the long-term sequelae of childhood sexual abuse, and psychiatric issues in domestic violence. Apart from academic researches, She is a therapist, educator, advocate on injustice and ethical issues as well as boundary violations.


Alexis Polidano, Acting Principal Lawyer, Knowmore Legal Service
Alexis Polidano is the Acting Principal Lawyer at Knowmore Legal Service and a passionate advocate for trauma-informed legal practice. Since joining Knowmore in 2017, she has worked extensively with people who have experienced trauma, leading legal teams and driving initiatives to improve client-centred service delivery, legal capability, and access to justice for survivors. Drawing on her experience at Legal Aid NSW and her background as a high-school teacher, Alexis combines practical legal expertise with a deep understanding of communication, learning, and the impacts of trauma. She is committed to helping legal professionals build the skills and confidence to deliver services that are legally effective, culturally safe, and grounded in compassion.

Leanne McDonald, Founder and Consultant Lawyer, Marlo Legal Consulting
Leanne is a lawyer specialising in personal injuries and has had the privilege of acting on behalf of injured people in a career spanning over 20 years. She is a advocate for survivors of sexual abuse. As part of the legal team fighting to find the truth about the murder of Annette Mason, Leanne was a winner of the Australian Lawyers Alliance 2019 Queensland Civil Justice Award. In 2025 she was awarded the WLAQ Regional Woman Lawyer of the Year. Leanne was a finalist in the Australian Law Awards Special Counsel of the Year for 2019 and a finalist in the Women in Law Awards 2019 Pro Bono Lawyer of the Year. She is past chair of the Child Protection Practitioners Association of Queensland, past Chair of the Australian Lawyers Alliance National Abuse Law Special Interest Group and past Vice President of the Women Lawyers Association of Queensland. She is an NMAS accredited mediator and a member of the Resolution Institute.

Greg Choat, Special Counsel, Koffels Solicitors & Barristers
Greg has practiced as a family, personal injury and general litigation lawyer over the course of nearly 20 years in the law. He currently works almost exclusively bringing historical sexual abuse litigation on behalf of plaintiffs.

Lachlan Allan, Barrister, Greens List Barristers
Lachlan specialises in personal injury matters. He is experienced in preparing, advising and appearing in all jurisdictions for both plaintiffs and defendants in damages actions, serious injury applications, recoveries proceedings, and statutory benefits claims. Lachlan accepts work in the area of institutional abuse, and also acts in inquests and commissions. Lachlan has also advised and appeared in judicial review matters, including reviews of Medical Panel opinions, and appeals from the Magistrates' Court and VCAT on questions of law. Lachlan prepares paperwork in all of his listed areas. He also accepts brief to appear on Circuit. Lachlan was the Senior Associate to Judge Philip Misso, head of the Damages & Compensation/Serious Injury List at the County Court of Victoria, for 18 months prior to coming to the Bar. Through his work at the Court, Lachlan gained a wealth of experience in serious injury applications, common law damages trials and a range of interlocutory hearings. Prior to working as an Associate, Lachlan worked at Clayton Utz and DLA Piper. In 2013, Lachlan was seconded to the Supreme Court of Nauru as Associate to Chief Justice Geoffrey Eames OAM QC. Lachlan holds degrees in Law and Arts (Media & Communications) from the University of Melbourne and is currently completing a Master of Laws (LLM) at the Australian National University with a focus on compensation law. Lachlan read with Jacinta Forbes QC (now The Hon. Justice Forbes) and his senior mentor was James Mighell QC.

Kate Flanigan, Special Counsel, Carroll & O'Dea Lawyers
Kate is a Special Counsel in the Compensation team at Carroll & O’Dea Lawyers, based in Sydney. She is an experienced litigation lawyer, with a practice spanning complex civil disputes, including institutional abuse, medical negligence and public liability claims. Kate regularly acts in sensitive and technically challenging matters, providing clear, strategic and practical advice throughout all stages of litigation. Kate acts for both plaintiff and defendant clients. This dual perspective informs her approach to litigation, allowing her to anticipate issues, manage risk and work effectively towards a resolution. She has appeared in matters in the Supreme Courts, the Victorian Court of Appeal and High Court of Australia. Kate has also taught medical law at Western Sydney University, reflecting her commitment to contributing to the development of the profession.

Kim Breda, Principal, Sydney Compensation Specialists
Kim Breda was admitted to practice in 2001 and has practised in personal injury litigation for over 25 years. She is an Accredited Specialist in Personal Injury Law in NSW. Kim spent many years working in larger Plaintiff personal injury firms before starting her practice, Sydney Compensation Specialists in 2016. Her vision was to provide high quality, personalised service with a particular focus on institutional abuse litigation. Kim also practices in other areas of Plaintiff litigation including medical negligence, motor accidents, public liability and compensation to relatives claims. Kim is routinely involved in litigation against government and private institutions in the institutional abuse space. She takes a personal approach to client care and is trained in trauma informed practice.

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Abuse Law Practice and Reform: Navigating Evidence, Redress and Resolution

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All Sessions
Friday, 12 March 2027
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Friday, 12 March 2027
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Friday, 12 March 2027
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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