HWL EBSWORTH Lawyers / Slater & Gordon / Me
Date & Time: May 9, 2023, 9:00 AM
Venue: Slater & Gordon, Level 3, 192 Ann Street, Brisbane
The information I sourced indicated that while the compulsory conference can be intimidating, it is crucial in the resolution of Queensland personal injury claims.
My lawyers sent me the details along with a break down of how this works and what it means for me.
1. Pre-Conference Meeting:
The day began with what was supposed to be a brief meeting with my barrister, Ben Wessling-Smith. However, upon my arrival, I was surprised to find that Ben wasn't my barrister for the day.
This unexpected change created some initial confusion, especially as I had received no notification of this whatsoever. Off to a solid start, met the new barrister. Had a brief discussion. She instructed me to say nothing and react to nothing....'yeah righto 'Ben!'
Auto pilot kicked in from this point on - my main concern to exude compliance, be numb & this was all be over and ok soon. FFS!!!!
2. Attendance Requirements:
Under Section 38(6) of the Personal Injuries Proceeding Act 2002 (Qld), I was required to attend the conference in person.
I was present!
This legal obligation ensured that both sides had the chance to present their case in an informal setting.
3. The Informal Nature of the Conference:
The atmosphere was informal, and discussions were "without prejudice." This means that nothing said or agreed upon during the conference could be used in future court proceedings, allowing both parties to negotiate freely.
HWL EBSWORTH stated (the following was the first time I heard this information)
For the first time, I learned from HWL Ebsworth that TSS was unable to provide a complete copy of the file regarding the teacher in question, citing damage due to flooding.
It also came to light that multiple complaints had been made to the school concerning inappropriate behavior between this same teacher and students – during the very period when I was being abused.
TSS claimed they took 'appropriate action' and that the teacher had been 'spoken to.'
However, in 1997, this teacher was abruptly dismissed mid-term. Despite the missing file, TSS confirmed that the dismissal was not related to any of the reports alleging inappropriate conduct with students.
From this point - my anger had solidified every part of me. I said nothing. I did not react. I was compliant.
I remained silent, unreactive.
It felt like being struck by a bullet. And the one pulling the trigger, through the scope of a legal team, was none other than The Corporation of the Synod of the Diocese of Brisbane... yet again.
I remained silent, unreactive.
4. Keeping an Open Mind:
I was advised to maintain an open mind about settling the claim. Naturally, the respondent started with a lower offer than expected, but Slater & Gordon assured me they would guide me on whether the offers were reasonable or worth considering.
I was compliant.
5. Speaking at the Conference:
Much of the negotiation was handled by my legal team.
She instructed me to say nothing and react to nothing...
6. Potential Outcomes:
A settlement was reached, I was informed that the funds could arrive within 6-10 weeks.
If no agreement was made, the case would likely proceed to trial within six months, though it could still be settled in that time.
I was advised that it would take up 3 years before seeing the inside of a courtroom.......
7. Costs Overview:
A detailed costs statement was enclosed in my correspondence, outlining the fees and disbursements I would be responsible for.
Fortunately, the "50% Rule" applied, ensuring that legal costs wouldn’t exceed 50% of the balance I would receive after all refunds and outlays were deducted.
9. Refunds Estimate:The estimated refunds I owed to Medicare were around $2,500, and thankfully, no refunds were due to Centrelink.
Recitals
· The Releasor has made a claim for personal injuries (the injuries) sustained by him pertaining to multiple incidents of alleged sexual abuse, by teacher Stephen John Curtis, whilst he was a boarding student at The Southport School between. approximately 1994 and 1996 (Incidents).
· The Releasor issued a Part 1 Notice of Claim to the Releasee pursuant to the Personal Injuries Proceedings Act 2002 (PIPA) dated 21 May 2021 seeking compensation for the injuries allegedly sustained in the Incidents (Claim).
· The Parties have agreed to settle the Claim as well as any other causes of action potentially available to the Releasor arising out of or in connection with the Incidents, without any admission of liability, on the terms set out in this Agreement.
10. Final Amount to Receive:
Before making any decisions on settlement offers, I was informed of the exact amount I would receive, in hand written calculations - ensuring complete transparency on the funds left after legal costs and refunds.
I remained silent, unreactive. I was compliant.
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