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Title: "Institutional Liability for Historical Child Abuse in Australia" by James Masur

Overview: This book, published by Lawbook Co. in October 2024, is a comprehensive legal treatise that examines the substantive legal principles and practices related to civil law claims arising from historical child abuse in Australian institutions. The book is divided into two parts: "Principles" and "Practice."

Key Themes

  1. Substantive Legal Principles:

    • Direct Liability in Negligence: The book analyzes direct liability in negligence, focusing on various types of institutions such as educational, religious, foster care, custodial, and sporting organizations.
    • Non-Delegable Duties: It examines the law of non-delegable duties, which is crucial in determining the liability of institutions for historical child abuse.
    • Evidentiary Issues: The work considers the evidentiary challenges in historical litigation, including the difficulties posed by the effluxion of time and faded memories.

  2. Practice:

    • Pleadings and Subpoena Disputes: Part 2 of the book delves into recent law on pleadings in abuse matters, as well as subpoena and disclosure disputes in various recent decisions.
    • Permanent Stays of Proceedings: It contains a detailed examination of the issues related to the increasing grant of permanent stays of proceedings in abuse cases.
    • Trauma-Informed Approaches: The book discusses emerging trauma-informed approaches to litigation, including dispute resolution processes.

  3. Damages Assessments:

    • Civil Liability Legislation: The book considers damages assessments under civil liability legislation and at common law, including a national summary of general damages awards in ‘post-Royal Commission cases'.
    • Economic Loss: It focuses on the assessment of economic loss where the tortious abuse occurred as a child and its cause is multifactorial.

Critical Reception

The book has received positive reviews for its thorough documentation and essential guidance for practitioners, judicial officers, students, and professionals interested in abuse litigation and the law of tort. It is described as an invaluable reference for understanding how the civil law responds to the needs of survivors of historical child abuse. The book is recommended for any practitioner seeking to advise a survivor and is considered essential for any civil lawyer’s shelf and library of material available to the Courts.

Publication Details

  • Author: James Masur
  • Publisher: Lawbook Co.
  • Publication Date: October 3, 2024
  • Format: Paperback
  • ISBN: 9780455503257
  • Edition Number: 1

Availability

The book is available at major online bookstores such as Booktopia, The Nile, and BookScouter. It can be purchased in paperback format, with options for standard and express shipping.