EXV v Uniting Church in Australia Property Trust (NSW)

EXV, a plaintiff, sought to set aside a deed of settlement made in relation to a historical sexual abuse claim against the Uniting Church in Australia Property Trust (NSW). The dispute was heard and determined in the Supreme Court of New South Wales. The central issue before the court was whether it was just and reasonable to set aside the deed of settlement under Part 1C of the Civil Liability Act 2002 (NSW). The court needed to consider the legislative purpose behind the statutory provisions, particularly the retrospective amendment that removed barriers to child abuse claims, and whether the requirement to certify reasonable prospects of success under section 347 of the Legal Profession Act 2004 (NSW) constituted a legal barrier.

The court examined the statutory interpretation, focusing on the legislative purpose of the Civil Liability Act 2002 (NSW) and the Legal Profession Act 2004 (NSW). It considered extrinsic materials and second reading speeches to understand the intent of the legislation. The court also compared similar legislation in other jurisdictions to ascertain the broader legislative context. In assessing whether it was just and reasonable to set aside the deed of settlement, the court took into account that the plaintiff had been advised not to settle his claim and that the legal barriers were not material to his decision to settle. The court concluded that the requirement to certify reasonable prospects of success did not qualify as a legal barrier under Part 1C of the Civil Liability Act 2002 (NSW).

After careful consideration of the arguments and evidence, the court determined that it was not just and reasonable to set aside the deed of settlement. The court found that the plaintiff had been independently advised and made a voluntary decision to settle, despite the statutory requirement. The court also considered the broader legislative purpose of protecting victims of historical abuse and the need to balance this with the principles of finality and certainty in legal agreements. Consequently, the application to set aside the deed of settlement was dismissed.