Civil claims

Do I have a civil claim?

Take this check list to see if you may have a civil damages claim worth pursuing. I have:

1. Suffered abuse that can be sued for (e.g. physical assault, sexual assault, serious threats, fraud, property damage, coercive control – see full list below. Note: psychological and emotional abuse alone are mostly not actionable);
2. [Mostly] Actual damage or loss that can be linked to the abuse (e.g. a physical or psychiatric injury, mental illness/ very serious distress; loss of income; breach of privacy; reputational damage);
3. Evidence – can include: criminal convictions; protection orders; police and child protection reports; photos; recordings; text messages; reports to GPs, counsellors and other third parties made before your claim, and ideally around the time of the abuse;
4. An ‘in time’ claim in my state or territory to bring an action (3 years for most abuse, although Vic & NSW are more discretionary; no limits on historic child sexual abuse);
5. A defendant worth suing – the perpetrator has sufficient assets or income to pay damages);
6. Safe – will bringing the action place you or your children at unmanageable risk of serious harm? Will it cause you serious psychological harm

And: You have $3,000-5,000 up front to commence the action – and likely a further $5,000+ for psychiatric or other medical expert report.

I believe I have a claim – take me to bookings

What abuse is actionable?

Only certain types of abuse can be the basis for legal action.

• physical assault;
• sexual assault or indecent assault;
• threats to kill or harm you or your children;
• stalking or harassment, or trespass on your property;
• extreme psychological and emotional abuse- where there is a psychiatric injury.
• wrongful imprisonment (e.g. locking you up, preventing you from leaving your home);
• actions that affected your work/capacity to earn an income;
• damage to your property;
• theft and fraud (e.g. taking all your joint money, signing loan documents in your name);
• breach of privacy (revenge porn, circulating intimate pictures of you);
• defaming/telling lies about you to other people;