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Writer's pictureJohn Swoboda

4. Navigating my well rounded Legal Journey - Part I

Updated: Dec 6, 2024




I was ready. I considered, in my very limited view at the time, that I was prepared to climb to the summit where my goals would be achieved. Tell my story, have it acknowledged by the institution that was responsible for my safety, The institution acknowledge that they had failed to provide an environment in which to grow and learn. And I wanted that institution to know that being sexually abused at The Southport School has impacted my life every day and since since i left.


While this process was an important step for me, and I would do it again given the choice. I found no accountability, no acknowledgement and no sense that the Anglican Church, and its failings, were why a teacher, they employed, could do what he did to me.


This process is filled with challenges, It showed me just how unprepared I was. Upon reflection, I realise that not having opened up about this prior played a significant part in the steady decline of my mental health.

 

In this blog post, I'll share the intricacies of my experiences with Slater and Gordon, offering a glimpse into the marathon-like journey of pursuing a claim against TSS. Get ready for a timeline that could rival the pacing of a slow-motion movie – yes, we're diving into the practical yet unexpectedly prolonged details of this legal process.

Buckle up; it's been quite the ride!

 

Timeline of Events – October 2020 – April 2022

 

9 Oct 2020 – Initial Contact:

I crafted an initial email to Slater and Gordon, laying out the foundation for what would become a pivotal legal journey against TSS.

 

12 Oct 2020 – First Response:

Within days, Slater and Gordon responded, showcasing their responsiveness and commitment to addressing the concerns raised.

 

8 Mar 2021 – Sharing My Story:

Marked as the day I revisited Slater and Gordon, providing an in-depth narrative of my experiences — crucial for not only building a robust case, but having my case accepted.

 

17 Mar 2021 – Phone Appointment:

A pivotal phone appointment was arranged and conducted by Slater and Gordon on March 17, 2021, setting the stage for the intricate legal discussions that followed.

 

18 Mar 2021 – Confirmation of Assistance:

In a follow-up email on Slater and Gordon formally confirmed their commitment to assisting in pursuing a claim against TSS. An attached email solidified this commitment.

 

14 Apr 2021 – Information Requested:

Slater and Gordon requested a comprehensive set of information crucial for drafting the Personal Injuries Proceedings Act Form 1 Notice of Claim. The questions delved into the details of any witnesses, psychiatric treatments, prior injuries, compensation claims, current GP details, and sensitive information such as Medicare and tax file numbers.

 

20 Apr 2021 – Medical Records Authorisation:

Taking a significant step forward, I completed a patient authority form, granting permission for my GP to release crucial medical records for the personal injuries claim.

 

20 May 2021 – Claim Form Served:

The Personal Injuries Proceedings Act Form 1 Notice of Claim was served upon the Respondent, officially initiating the legal process.


It is noted The Respondent has one month from the date the Form 1 Notice of Claim is received within which to confirm whether or not they are a proper Respondent to your claim and whether or not your claim is compliant with the Act.

 

2 Jul 2021 – Confirmation of Compliance:

An email brought confirmation from Slater and Gordon that the Respondent acknowledged the compliance of my Notice of Claim Form 1 Part 1 with the Personal Injuries Proceedings Act 2002, marking a crucial milestone.


NEXT:

  • They must then advise whether they accept liability for my injuries and respond to the offer contained in my Notice &

  • Upon receipt of the liability response a compulsory settlement conference would be arranged.


I was advised:

  • During this time, we will require you to undergo a medical examination and will provide you with the appointment details once the appointment has been booked.

  • We will now proceed to prepare your Notice of Claim Form 1 Part 2 and will be in contact with you in order to finalise this document.

 

12 Jan 2022 – Follow-Up on Liability Response:

Concerns about the lapse in the Respondent's liability response prompted my email to Slater and Gordon.


The ‘swift’ response on 24 January 2022, outlined ongoing efforts and an appointment scheduled with psychiatrist Dr. XXXX on May 13, 2022.

 

24 Jan 2022 – Psychiatrist Appointment and Update:

Slater, and Gordon, in response to my follow-up, revealed ongoing challenges in obtaining the Defendant's liability response. Simultaneously, a psychiatric appointment with Dr. XXXX was booked for May 13, 2022.


I received the following response from Slater and Gordon:

As you stated, the Defendant’s liability response was due on 29 December 2021. We have not yet received this; however, we have chased this and hope to receive it soon.

 

We have booked you an appointment with our psychiatrist, Dr XXXX on 13 May 2022 at 11am. I realise that this is still quite some time away, but unfortunately it is the earliest appointment that we were able to secure.

 

Last week we sent a request for further information to the Defendant, and they have one month to provide a response to this request.

 

24 Feb 2022 – Psychiatrist Appointment Confirmation:

Confirmation of the psychiatrist appointment provided details about its purpose, the need for disclosure of prior injuries, and the comprehensive assessment that would take place.


The following was noted:

Please note the purpose of the appointment is to obtain a report which will provide me with an assessment of the impairment you have suffered as a consequence of your injuries. The specialist will not be in a position to advise you regarding treatment for your injuries.


The appointment should take approximately between 30 minutes and 2 hours.

The Doctor will be provided with a copy of any medical evidence in my possession and will therefore be aware of how you sustained the injuries. He may wish to clarify some aspects of the circumstances surrounding the subject abuse. Please provide the specialist with a full description of your symptoms and how they affect you on a daily basis.


Both our firm and HWL Ebsworth Lawyers (the Respondents Lawyers) will obtain details of your complete medical history.


Therefore, it is important that you disclose to Doctor any prior injuries you have sustained, however insignificant they may seem. Such information is extremely important and can impact significantly on the report provided.

  

7 Mar 2022 – Respondent's Medical Examination Request:

Slater and Gordon contacted advising that the respondent has now asked for me to be medically examined by their own medical specialists, pursuant to s25(2) of the Personal Injuries Proceedings Act 2002 (Qld).

 

This appointment had been arranged for 13 September 2022, noting that this was the earliest available appointment. I also had to inform them of my vaccination status as their doctor was only willing to see client’s face to face who were fully vaccinated.

 

10 Mar 2022 – Information for Part 2 of the Claim:

Marked a request from Slater and Gordon for additional details for Part 2 of my Notice to Claim, including education history, employment details, and ATO records. Delays from the ATO in processing requests were communicated.

 

The following was requested:

 

  • The names of all education institutions you have attended.

  • Do you use an accountant in predation of your tax returns? If yes, please provide their contact details.

  • Your current employment details including:

  1. Occupation

  2. Name of Employer

  3. Address

  4. Telephone

  5. Contact person name.

  6. Usual weekly working hours (including any over time)

  7. Description of duties

  8. Standard weekly earnings (Gross pay, tax amount and net pay); and

  • Any treatment providers you have had medical treatment from since service of your Part 1 Notice of Claim (20.05.21).

 

Further to this, we need to attach a copy of your ATO records to the Part 2.

We submitted a request to the ATO a few months ago for your records, however they are behind in processing our requests, so it is taking longer than we anticipated.


Do you have a copy of your ATO records?

 


19 Apr 2022 – Rescheduled Psychiatrist Appointment:

Unforeseen circumstances led to the rescheduling of the psychiatrist appointment initially set for 21 April 2022. The new date was confirmed for 8 June 2022.

 

20 Apr 2022 – Defendant's Information Request:

Slater and Gordon contacted as they had received a request for further information from the defendant.

 

As stated in their email to me:

 

The questions that are asked are quite detailed and may be difficult for you to answer.

 

Would you prefer to go through these questions over the phone or in person? Or alternatively I can send them through to you via email?

 

Once we have your answers, we need to put the information into a statutory declaration and provide it to the defendant.

 

Please let me know what you would like to do, and we will accommodate you as best we can.

 

It is noted that the questions were not provided as part of this email but were forwarded to me upon further request as I needed to assess how best for me to respond.


These questions & my responses coming up in Part II.......

 

END OF PART I

 

Well, if my detailed breakdown hasn't left you in stitches, you've clearly missed the comedic genius of my legal journey. We're weaving through a tapestry so intricate it makes a spider's web look straightforward. Throw in some delays, unexpected twists, and a dash of irony, and voilà – the perfect recipe for a legal saga sitcom. Stay tuned for more riveting episodes as I continue my riveting pursuit against TSS. Popcorn optional, but highly recommended.

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