Ethics Ruling Number
R5042
Area of Law
Compensation
Category
Conflict of Interest
Ethics Ruling Date
26/08/2025
Ethics Pub Date
18/09/2025
Ethics Background
Law Practice A acts in a claim for damages for historical sexual abuse sustained over years in institutions, State wardship and by the father of the client. Law Practice A inadvertently overlooked a statutory limitation period applicable to the client’s claim. The client also entered into a deed of settlement previously when represented by Law Practice B, which may have prospects of being set aside. Law Practice A sought a ruling as to whether it may continue acting for its client in the circumstances.
Ruling
In the opinion of the Ethics Committee and on the information presented: 1. Law Practice A should inform its client to seek independent legal advice regarding their claims. 2. Unless the client, after receiving independent legal advice and giving fully informed consent to Law Practice A acting to set aside the deed of settlement, then Law Practice A should cease acting for its client in the historical sexual abuse claims.

Law Institute of Victoria
Ethics Committee of Law Institute of Victoria Ltd
Legal Ethics Manager
Phone: 03 9607 9336
Email: ethics@liv.asn.au

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