12Apr

Setting Aside Settlement Agreement

The Queensland Court of Appeal case (if read with the judge`s decision), TRG against the Board of Trustees of The Brisbane Grammar School[2], comments on the trial in Queensland. [3] The corresponding provision in Queensland states that a court may defer a settlement agreement on a child sexual abuse claim, if it is “fair and reasonable”. As a result of the abolition of statutes of limitations, victims of historical sexual abuse may seek legal action for historical sexual abuse if previous settlement agreements are overturned in accordance with Point 92 of the Statute of Limitations. Judges are rarely willing to cancel a transaction contract once a court order has made it legally applicable. In fact, one of the few times a court considers doing this is that it is evidence of fraud committed by a spouse during the divorce proceedings. Otherwise, the party wishing to set aside an agreement will instead have to table a formal amendment if a final judgment has already been rendered by a court. In particular, Nsw agencies and government authorities are aware of the requirement to act in a manner that is entirely appropriate, fair and in accordance with the highest professional standards when it comes to responding to allegations of child sexual abuse, as advocated by the model law policy for civil procedure branches and the guiding principles for civil rights against children. The guidelines apply to current and future claims and provide guidance on maintaining appropriate standards for child abuse claims and litigation. In the event that the Standard Litigation Directive and Guiding Principles have been complied with in previous claims or litigation (even before the guidelines come into force), this may reduce the prospect of a successful challenge to comparisons under the Contracts Review Act of 1980 (NSW) and/or fair principles. This will also contribute significantly to addressing the challenges posed by the regulation should the NSW proposal come into force through the legislation. At Brisbane Grammar, the decision to cancel a contract for a transaction between the applicant student and the respondent Brisbane Grammar School was sought. A transaction agreement was signed in 2002.