To ensure the Court can continue to deliver core and vital services during the coronavirus (COVID-19) pandemic, the Court has introduced a suite of changes to its processes and procedures.
Proceedings suitable for inclusion in the Institutional Liability List are those involving:
- Claims against an organisation founded on the death or personal injury of a person as a result of alleged physical or sexual abuse of a minor.
- Claims for breach of the duty of care imposed by s 91 of the Wrongs Act 1958 (Vic).
- Applications to set aside a previous judgment or settlement agreement pursuant to ss 27QB or 27QD of the Limitation of Actions Act 1958 (Vic) prior to the commencement of a proceeding on an action referred to in s 27QA of that Act.
- Claims against an educational organisation arising out of the death or personal injury of a student of that organisation as a result of physical, sexual or psychological abuse by a fellow student or individual employed or associated with that organisation.
Judges in charge
The Honourable Justice Incerti
The Honourable Justice Keogh
Judicial Registrar Clayton
Self-represented litigants will find useful information about the Court's processes in the Representing Yourself section.
Management of proceedings in the Institutional Liability List is in accordance with Practice Note SC CL 3 Personal Injuries List (Second revision).
A team of lawyers assists the judicial officers with the management of proceedings in the Institutional Liability List. They perform a range of tasks including: review of pleadings and other material; assessment of proposed consent orders; preparation of matters ahead of hearings; and liaison with parties.
First directions hearing
After the filing of the first defence , the Court will list a first directions hearing for the purpose of setting an interlocutory timetable and in most cases, a trial date.
Parties are encouraged to seek consent orders ‘on the papers’ ahead of the first directions hearing using the Request for consent orders first directions. Signed pdf and Word versions of the proposed order should be emailed to email@example.com@ytilibail.lanoitututitsni .
Parties should also consider the necessity for the determination of any preliminary issues prior to trial and include a date in the timetable by which any application for the determination of such issue is to be made. For example, to set aside a previous judgment or settlement agreement, or that the proceeding should be permanently stayed.
Interlocutory applications including those for a new trial date, should be made on summons . Where an application is expected to exceed two hours, it may be listed as a special fixture, or in the first instance, for directions.
A return date is required before an interlocutory application may be filed. Parties may obtain a return date by sending a completed interlocutory application information form via email to firstname.lastname@example.org@ytilibail.lanoitutitsni .
Post-mediation directions and final directions
All proceedings will be listed for a post-mediation directions hearing two to three weeks after the date mediation has been ordered to have occurred, and a final directions hearing approximately four weeks before the trial date. Attendance at these directions hearings is compulsory.
All persons appearing at these hearings must have a good working knowledge of the matter and be in a position to advise the Court on its progress and readiness for trial.
Parties are reminded of the requirement to order transcript for trials and should consider the requirements for ordering transcript contained in Practice Note SC GEN 7 Transcripts in Civil Proceedings (First revision).
Transcripts can be ordered from the Court’s transcript provider - Auscript on (03) 9672 5601. Fees apply and are available from Auscript. Please note that the Court generally requires that practitioners order running transcripts for trials. Orders for these transcripts must be placed with Auscript no later than 9 am on the day of the hearing or trial.
|Date of judgment||Judgments and judgment summaries|
|9 June 2020||
Ruling concerning failure to seek leave to subpoena confidential communications - Evidence (Miscellaneous Provisions) Act 1958 Div 2A - indemnity costs ordered.
|17 February 2020||Waks v Cyprys & Ors  VSC 44|
|1 April 2020||
Contribution from employee teacher to damages paid by school authority to a student as a result of sexual abuse.
|25 February 2020||
Ruling concerning parties and procedure following nomination/appointment of a ‘proper defendant ’ pursuant to the Legal Identity of Defendants (Organisational Child Abuse) Act 2018.
|29 May 2019||JCB v Bishop Paul Bird for the Diocese of Ballarat & Anor  VSC 348|
|11 August 2017||Hand v Morris & Anor  VSC 437|
|16 September 2015||Erlich v Leifer & Anor  VSC 499|
Seminars and speeches
Communications in relation to the Institutional Liability List should be directed to email@example.com@ytilibail.lanoitutitsni or 8600 2046.
Parties are reminded that any correspondence with the Court must be sent simultaneously to all other parties and must be confined to uncontroversial matters. For further information about communication with the Court, see par 6 of Practice Note SC GEN 4 Custom and Protocol.