Claims Against Institutions

Individuals filing a claim against a large institution may feel like they are locked into an unfair ‘David and Goliath’ battle. While institutions usually have access to significantly more resources than the person filing the claim, we will strive to ensure that your rights and protected and justice is served.

Legal Expertise in Institution-Related Claims

We can help with a range of institution-related claims including claims for assault, unlawful arrest, false imprisonment by police and corrective services officers, as well as claims arising from survivors of childhood physical and sexual abuse and sexual harassment. Understanding the intricacies of such claims requires legal expertise attuned to the specific nature of each case. We have significant experience guiding individuals through these difficult legal processes, ensuring that their dignity and rights are protected.

We also conduct test cases and strategic litigation in the public interest, particularly for disadvantaged and marginalised groups such as Indigenous people, people with a disability or mental health condition, and people in detention.

Assault

A common claim against an institution is for assault, often involving law enforcement and corrective services officers. The first step is understanding the definition of assault and distinguishing this wrongful act from reasonable actions, such as restraint performed during an arrest or custodial sentence. An early conversation with our firm can help to determine whether there is a good case for seeking legal recourse.

Unlawful Arrest

We help clients who have been mistreated by the police or corrective services by way of wrongful arrest, assault, use of excessive force or malicious prosecution.

Unlawful arrest occurs when an individual is detained without legal justification. Claims in this category focus on challenging the legality of the arrest, and questioning whether the arresting officer had the proper authority and reasonable grounds to make the arrest. Navigating the complexities of unlawful arrest claims involves delving into procedural details and relevant legal standards.

False Imprisonment

False imprisonment claims arise when an individual is wrongfully confined against their will. This can occur during an arrest or detention but in some circumstances may happen in other settings such as schools. Establishing the elements of false imprisonment, such as lack of consent and unreasonable restraint, is pivotal for those pursuing legal action.

Childhood Physical and/or Sexual Abuse

Childhood abuse can have long-lasting impacts, often making it difficult for the person who has suffered the abuse to adjust well as an adult. The law allows those who have suffered harm during their formative years to seek redress.

Survivors of childhood sexual abuse may pursue claims against institutions that failed to protect them or allowed the abuse to occur. These cases often focus on institutional negligence, such as a failure to act on knowledge that the perpetrator posed a risk to children. While the focus of such claims is to enable victims to access compensation, such claims also have important outcomes in institutional change, such as forcing the implementation of preventative measures.

We can represent victims of historic child sexual abuse and sexual harassment. We can also provide victims of crime with information and referrals and help them access support under the NSW Victims Support Scheme.

Your Legal Journey

If you find yourself considering making a claim against an institution, it is important to seek early legal advice. Understanding the nuances of such a claim is crucial. Our firm is here to provide the guidance and support needed to navigate these complex legal scenarios.

For expert legal advice and representation contact [email protected] or call 02 9159 9024.