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Writer's pictureJohn Swoboda

5. Navigating my well rounded Legal Journey - Part II

Updated: Dec 6, 2024

19 April 2022 - See below the correspondence received from HWL Ebsworth Lawyers - their client: Corporation of the Synod of the Diocese of Brisbane.

(Note: names have been removed this document)





The nature of the questions posed by the lawyers representing the Southport School reflects a comprehensive inquiry into the alleged abuse that occurred 25 years ago. Here are some points of commentary on the nature of these questions:


1. Detailed Investigation: The questions indicate a thorough and detailed investigation into the allegations of abuse. The lawyers are seeking specific information about the location, timing, and circumstances of



ch alleged incident, as well as the actions taken by the parties involved.


2. Historical Context: Given that the alleged abuse occurred 25 years ago, the lawyers are aware that memories may have faded and documentation may be limited. Nevertheless, they are diligent in their efforts to gather as much relevant information as possible to assess the validity of the claims.


3. Legal Compliance: The questions are framed in accordance with the requirements of the Personal Injuries Proceedings Act 2002 (Qld), demonstrating the lawyers' commitment to legal compliance and due process in handling the matter.


4. Sensitivity to Victims: The questions regarding whether the I reported the incidents and the response to such reports infer a recognition of the sensitive nature of abuse allegations and the importance of supporting victims who come forward.


5. Seeking Corroboration: By inquiring about whether other students witnessed or reported the incidents, the lawyers are attempting to corroborate my account and gather additional evidence to support their investigation.


6. Statutory Declaration Requirement: Requesting responses in the form of a statutory declaration adds a formal and legally binding dimension to the process, emphasising the seriousness with which the lawyers approach the matter.


7. Balancing Rights and Obligations: The questions strike a balance between the rights and obligations of all parties involved, seeking to uncover the truth while ensuring fairness and procedural integrity throughout their investigative process.


10 June 2022 I completed a statutory declaration, providing a response to each question. (Note: names have been removed. The school map & layout of the teacher's residence have not been included).





















My commentary, on what appears to be a templated request for details issued by TSS's lawyers, was my genuine assessment of questions upon receiving it via my lawyers. (This changed significantly during the settlement conference!!)


Why had so much time lapsed. I was unable to comprehend, in this electronic age, what barriers were preventing this law firm from taking a 'reasonable' amount of time to comply with instructions?


My lawyers didn't really share my concerns. In fact they stated "it's all pretty much common practice."

Yeah right, common practice.


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