ARD v Victims Compensation Fund Corporation [2014] NSWCATAD 156

ARD v Victims Compensation Fund Corporation [2014] NSWCATAD 156

ARD was, on the balance of probabilities, the victim of a series of related acts of sexual assault in 1968-1970 constituting an act of violence under the old Act; she sustained a compensable injury and is entitled to statutory compensation for Category 3 sexual assault. The prior decision is set aside and compensation awarded.

Parties
Applicant: ARD; Respondent: Victims Compensation Fund Corporation
Jurisdiction
Australia
Judgment Date
29 September 2014
Procedural Posture
Statutory Compensation Appeal / Final Determination After Oral Hearing
Outcome
Appeal allowed; prior decision set aside; compensation and costs awarded.
Legal Topics
Statutory Compensation, Series of Related Acts, Act of Violence, Credibility, Compensable Injuries, Civil Standard of Proof, Costs
Administrative Law Victims Compensation Statutory Compensation Series of Related Acts Act of Violence Credibility Compensable Injuries Civil Standard of Proof +1 more

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Parties

ARD

Applicant

Victims Compensation Fund Corporation

Respondent

Procedural Posture

Statutory Compensation Appeal / Final Determination After Oral Hearing

Legal Issues

  1. 1 Whether ARD was the victim of an act of violence for the purposes of the Victims Support and Rehabilitation Act 1996
  2. 2 Whether the assaults constituted a series of related acts
  3. 3 Whether ARD is entitled to statutory compensation

Ratio Decidendi

ARD was, on the balance of probabilities, the victim of a series of related acts of sexual assault in 1968-1970 constituting an act of violence under the old Act; she sustained a compensable injury and is entitled to statutory compensation for Category 3 sexual assault. The prior decision is set aside and compensation awarded.

Court Disposition

Appeal allowed; prior decision set aside; compensation and costs awarded.

Orders

  • Decision of compensation assessor set aside (section 38(5)(a) of the old Act)
  • Statutory compensation award of $25,000.00 for Category 3 sexual assault (section 29(1)(a) of the old Act)