RNT v The Corporation of the Synod of the Diocese of Brisbane [2026] WADC 53 (Link to JADE).
Although dealt with by a Western Australian court, this application required consideration of Queensland law.
As noted at [10], s 48(5A) of the Limitation of Actions (Child Sexual Abuse) and Other Legislation Amendment Act 2016 (Qld) (the Act) allows a court to set aside an agreement in some circumstances. If the agreement was made after 1 March 2017, a court does not have power to set an agreement aside. (1 March 2017 was the date on which the limitation period for abuse claims was altered by s 11A of the Act.)
RNT argued that a binding agreement had been reached by 3 February 2017 for payment of $80,000 plus costs, however it was agreed between the parties that a Deed had later been executed on 2 March 2017.
The court held that there was an intention to effect legal relations and that the parties intended to be bound immediately (3 February 2017). ([106]). Masters v Cameron (1954) 91 CLR 353 was discussed.
The court further held that it was just and reasonable to set aside the Deed under s 48(5A) of the Act. While the limitation period was of no influence to either party ([169]), there was a basis, yet to be tested, for a substantial claim to be made (in excess of the earlier settlement) ([203]).
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