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ARTICLE · 15 NOVEMBER 2025

Navigating The Increase In Historical Abuse Litigation: Emerging Challenges For Courts And Practitioners

Gilchrist Connell
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The Limitation Act provides entitlement to sue for damages for historic acts if a person can prove they suffered serious physical abuse as a child.

AustraliaLitigation, Mediation & Arbitration
Stephen Connell
Stephen Connell
Grace Devery
Grace Devery
Kimberly Yeung
Kimberly Yeung
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In Hartnett v Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Fores (No 7) [2025] NSWSC 128, the Supreme Court of New South Wales provided clarification as to the meaning of "serious physical abuse" in the operation of section 6A of the Limitation Act 1969 (NSW) and a useful insight into fact-finding with respect to tortious acts alleged to have taken place more than 20 years ago.

Background

The plaintiff, Mr Hartnett, brought proceedings against the defendant, Trustees of the Roman Catholic Church, alleging that he had suffered serious physical abuse at the hands of two school staff members, Sister Green and Mr Sweeney, while attending Saint Ignatius Parish School in Burke, NSW between 1992 and 1994.

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