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Second bite at the cherry for historical domestic violence abuse

Second bite at the cherry for historical domestic violence abuse 900 577 aelegal

NARRIER [2021] WACIC 6 This case was a Criminal Injuries Compensation (CIC) claim brought by the victim who was the victim of multiple historic domestic violence offences committed by the offender. The best way to approach this case is to understand the powers and limitations on time and compensation provided for in the Criminal Injuries…

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Reintroducing evidence after a plea of guilty

Reintroducing evidence after a plea of guilty 900 577 aelegal

Izzo [2001] WACIC 4 Background The victim applied for compensation in respect incidents that occurred on three different dates: Offence that occurred on 6 January 2018 Offence that occurred on 7 January 2018 Alleged offence which   occurred   on   6 December   2017 (incidents) The victim and the offender had known each other for a period of…

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Plaintiff’s claim against principal contractor dismissed

Plaintiff’s claim against principal contractor dismissed 900 577 aelegal

CLARK -v- SCHNEIDER ELECTRIC (AUSTRALIA) PTY LTD [2021] WADC 11 Introduction In December 2014, the plaintiff was employed by a company called Mineworks when he suffered a back injury whilst working as a painter and sandblaster at the Australian Marine Complex (AMC). This case was a separate tort claim against the defendant, Schneider Electric (Australia)…

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To stay or not to stay – the Court answers a historically sexually abused plaintiff

To stay or not to stay – the Court answers a historically sexually abused plaintiff 900 577 aelegal

UGLE -v- MASTERS [2021] WADC 8 This was a historic child sexual abuse action against the defendant. The plaintiff alleged that he had been declared a neglected child, taken from his parents, committed to the care of the Child Welfare Department, and housed at a Mission (Mission) between 1960 and 1966. The defendant was the…

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Stiletto attack

Stiletto attack 900 577 aelegal

ROBERTS [2021] WACIC 3 On a September evening in 2017, festivities commenced at the Harness Horse of the Year Awards at a Perth hotel. After the awards were concluded the party moved to a local Casino and restaurant. During the evening, much alcohol appears to have been consumed by some of the persons present and,…

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Something fishy about this claim!

Something fishy about this claim! 900 577 aelegal

Parke [2021] WADC 1 In this case the applicant alleged that he had been assaulted and suffered mental and nervous shock and physical injuries. He sought compensation pursuant to the Criminal Injuries Compensation Act 2003 (Act). The case was unusual in that there was oral evidence led before the assessor of several witnesses including the…

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Double trouble: offender fails on appeal twice

Double trouble: offender fails on appeal twice 900 577 aelegal

John Charles Couper v Yvonne Mary Alexander [2020] WADC 56 This case was an appeal from the decision of an assessor of criminal injuries compensation. Ms Alexander (Alexander) was the victim of two offences and was awarded the sum of $25,627.55 for injuries and losses suffered. Both offences were committed by her husband at the…

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Unfortunate chase leads to compensation

Unfortunate chase leads to compensation 900 577 aelegal

CHASE -v- FRANCIS [2020] WADC 34 The applicants were Mr and Mrs Chase who claimed compensation because of the death of their 15-year-old son (deceased). Their claim was pursuant to s35 of the Criminal Injuries Compensation Act 2003 (Act) for mental and nervous shock. S35(2) only permits parents, close relatives, and partners to claim for…

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The consequences of being convicted of an offence for Criminal Injury Compensation claims

The consequences of being convicted of an offence for Criminal Injury Compensation claims 900 577 aelegal

The consequences of being convicted of an offence for Criminal Injury Compensation claims AA -v- ARW [2020] WADC 131 In September 2015 the offender was convicted of one count of carnal knowledge of a girl under the age of 13 years, two counts of attempted carnal knowledge of a girl under the age of 13…

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An issue of trust – can the District court dissolve an existing trust

An issue of trust – can the District court dissolve an existing trust 900 577 aelegal

LEVI JAKE SAUNDERS by his Next Friend CLAIRE MARIE MATTHEWS -v- TURNER [2020] WADC 133 The plaintiff was injured in a car accident in 2008 when he was 9 years old. His injuries were severe and included an acquired brain injury. In 2014 the District Court approved the compromise of the plaintiff’s claim in the…

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