Warrick (a pseudonym) v Trustees of the Christian Brothers [2025] VSC 520 (Link to JADE).
The catchwords for this matter are as follows.
LIMITATION OF ACTIONS – Historical sexual abuse – Settlement agreement – Application to set aside settlement agreement under s 27QD of Limitation of Actions Act 1958 (Vic) – Whether ‘just and reasonable’ to set aside agreement – Where Ellis defence materially influenced plaintiff’s decision to enter into settlement agreement, the deed to be set aside –Limitation of Actions Act 1958 (Vic), ss 27QA(2), 27QD, 27QE –Trustees of the Roman Catholic Church of the Archdiocese of Sydney v Ellis (2007) 70 NSWLR 565; DZY v Trustees of the Christian Brothers (2025) 99 ALJR 806; Roman Catholic Trusts Corporation for the Diocese of Sale v WCB (2020) 62 VR 234.
The Court concluded that the Deed should be set aside, with the analysis set out at [65] – [73].
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