Specialist Institutional Abuse Lawyers in Sydney & Nationwide
Your Path to Justice and Healing Starts Here
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record in Abuse Law
We have a history of successfully representing survivors of institutional abuse, securing meaningful apologies and substantial compensation from liable institutions. Our victories demonstrate our commitment to achieving justice for our clients.
Specialist Expertise
Our team possesses in-depth knowledge of the complex laws surrounding institutional abuse, including the National Redress Scheme and civil litigation. We have extensive experience holding schools, churches, and government bodies accountable.
Trauma-Informed Approach
We understand the courage it takes to come forward. Our lawyers provide a safe, supportive, and confidential environment, handling every case with the sensitivity and respect survivors deserve.
No Win, No Fee*
We believe every survivor should have access to expert legal representation. We offer a no win, no fee arrangement, which means you pay no legal fees unless we win your case, removing any upfront financial risk.
Types of Institutional Abuse Claims We Handle
School Abuse Claims
We represent survivors of physical, sexual, and emotional abuse that occurred in public, private, and independent schools.
Church and Religious Abuse Claims
Our lawyers have extensive experience in holding religious institutions accountable for abuse perpetrated by clergy, staff, and volunteers.
Government Care Abuse Claims
We act for clients who suffered abuse while in foster care, state-run homes, or as a “ward of the state,” ensuring government bodies are held responsible.
Defence Force and Army School Abuse
We handle claims for survivors of historical abuse within military training schools, cadet programs, and other Defence Force institutions.
Youth and Detention Centre Abuse
We pursue claims for individuals who experienced abuse while in youth detention centres, correctional facilities, or immigration detention.
Abuse in Other Organisations
Handling claims against a wide range of institutions, including sporting clubs, cadet and scout groups, and medical facilities.
Protecting Your Rights: How We Hold Institutions Accountable
At O’Brien Criminal and Civil Solicitors, we understand that a claim is about more than just compensation; it is about acknowledgement and accountability. Here is how we can help you.
Thorough Investigation
Our team meticulously gathers evidence, including historical records, witness statements, and expert reports, to build a powerful and undeniable case on your behalf.
Strategic Negotiation
We engage directly with institutions and their legal teams to negotiate settlements that include fair compensation and a formal apology, often without needing to go to court.
Civil Litigation
If a fair settlement cannot be reached, our expert litigators are prepared to represent you in court to fight for the justice and compensation you deserve.
We provide clear advice on all available legal pathways, including the National Redress Scheme, helping you decide which option is best for your unique circumstances.
Meet Our Specialist Abuse Law Team
Our team of dedicated institutional abuse lawyers is led by firm founder Peter O’Brien. We are recognised for our compassionate approach and our unwavering resolve to fight for survivors.
Our experience in these sensitive cases ensures we can navigate the complexities of your claim while prioritising your well-being. Our team includes Law Society Accredited Specialists who are experts in this field.
Our team at O’Brien Criminal & Civil Solicitors is led by Law Society Accredited Specialists in both Criminal and Civil Law. Earning this accreditation isn’t just about having years of experience — it requires lawyers to complete a rigorous assessment process that tests their knowledge, skills, and ability to apply them in real-world situations. In short, it’s a formal recognition of their expertise and proven competency in their chosen field.
The Institutional Abuse Claim Process
1. Free & Confidential Initial Consultation
Contact us for a free, no-obligation, and completely confidential discussion. We will listen to your experience, explain your legal options, and outline the pathways to justice.
2. Investigating & Building Your Case
If you choose to proceed, we will carefully gather the necessary evidence, working at a pace that you are comfortable with. Your well-being is our priority throughout this process.
3. Clear & Consistent Communication
We will keep you informed at every stage of your case. You will have direct access to your lawyer to ask questions and will remain in control of all major decisions.
4. Pursuing Justice and Resolution
Our goal is to achieve the best possible outcome for you, whether through a negotiated settlement that includes compensation and an apology, or by representing you in court proceedings.
Remember: You don’t have to do this alone. Speak to our Sydney and NSW specialists for free, confidential advice from a team that puts your wellbeing first.
Taking the First Steps Towards Justice
We understand that coming forward is a significant and courageous step. Here is what you can do to start the process.
- Document Your Experience (If You Feel Able)
- Write down the details of what happened, including the institution, any individuals involved, and approximate dates. Collect any related documents you may have, such as medical records or old letters. This is helpful but not required to speak with us.
- Seek Specialist Legal Advice
- Contact our team for a confidential consultation. A lawyer will listen without judgment, assess your situation, and explain your rights and legal options in clear, simple terms.
- Prioritise Your Well-being
- The legal process can be challenging. We encourage you to seek support from trusted friends, family, or professional counseling services. You are in control of the pace of your claim, and we will support you throughout.
Important Considerations for Survivors
- Act Quickly
- While laws have changed to remove time limits for many child abuse claims, some restrictions can still apply. It is important to seek legal advice quickly to ensure your rights are protected.
- Know Your Rights
- You have the right to seek justice, accountability, and compensation for the harm you have suffered. Our lawyers are here to be your advocates and guide you through every step of the legal process. Let us help you achieve the recognition and resolution you deserve.
Remember: You do not have to face this alone. Let the specialist abuse law experts at O’Brien Criminal and Civil Solicitors guide you through this difficult process. We will fight to secure the justice, apology, and compensation you deserve, offering compassionate and practical advice every step of the way.
Whether you suffered abuse in a school, a church, a government care facility, or any other institution, we are here to help you hold them accountable. Our experience covers all types of institutional abuse claims, and you can benefit from having all costs covered under our no-win, no-fee arrangement.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Peter O'Brien (with his superb team) has been a phenomenal blessing to me. He believed me, supported me, and undertook extensive detective work and archive research in the preparation of my case culminating in a legal precedent that will be referred to by future court decisions. It has been a stressful 9 years from beginning to end and Peter was steadfast the entire time. Thank you Peter
Absolute best in the business, I had the pleasure of Peter running one of my civil cases and to say he and his team went above and beyond is an understatement, Peter and his team are both professional and friendly, can't thank you guys enough, one would say the Lamborghini of defence.
Used O'Brien solicitors for both my criminal law case which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
I contacted O’Brien Solicitors after an incident involving NSW Police. The matter was based around Police behaviour in a Domestic Violence situation involving myself and members of my family. After hearing the details, Peter agreed to represent us on a no-win no-fee basis. Although potentially extremely stressful, Peter and his team made the whole process a lot easier than I had anticipated. The whole team at O’Brien's were terrific. The matter was settled and we were very happy with the outcome and, as promised, there were no fees payable by us. I couldn’t recommend this firm highly enough.
I first got in touch with O'Brien's after I posted online about my family member's situation. Peter O'Brien messaged me personally and referred me to two amazing lawyers in his firm; Wilson and Sidnie. Outstanding attention to detail and empathy. Legal Aid was available, and the case was handled with a lot of care which led to a very positive outcome. Additional legal support was offered following the outcome, without having to ask. Highly recommended for both criminal and civil matters. Thank you!
They stick up for the little guy. Keep it up!
O'Brien solicitors represented me in very complicated civil proceedings. From day one, I was greatly impressed by the knowledge and professionalism of the entire team at O'Brien solicitors. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
O'Brien Solicitors are a highly capable and professional team who are very generous with their time and are willing to pursue justice against those powers that be. Peter and Sidnie agreed to represent the Refugee Action Coalition at short notice in court to defend the right to protest and prepared an excellent defence. They come up with legal avenues and solutions that many others have missed. Highly recommended. After a year of court proceedings, the matter was finalised in my favour and I could not have expected such a great outcome.
Ordinary people standing up against inhumanity, abuses of power and for a better world need to know someone has their back when their own rights are abused. Thank you.
As a victim of police brutality, I was dismayed by the total lack of concern and a refusal to investigate the complaint I made in writing to the NSW Police and NSW Ombudsman. Even before I contacted Peter O'Briens Solicitors, I was encouraged by the information and positive attitude shown on their website. Peter O'Brien and the team at O'Briens Solicitors have been wonderfully helpful and supportive in seeking legal redress through the Courts. I wholeheartedly recommend Peter O'Brien’s Solicitors to anyone who has experienced police misconduct and had their rights trammelled by heavy-handed police officers.
FAQs
What is institutional abuse?
Institutional abuse is any form of physical, sexual, or psychological mistreatment that occurs while a person is in the care of an institution. This includes organisations such as:
- Schools (public, private, and boarding)
- Churches and other religious organisations
- Government or state-run care (e.g., foster care, youth detention)
- Sporting clubs and youth groups (e.g., scouts, cadets)
- Hospitals and residential care homes
It often involves the mistreatment of children and is referred to as historical abuse if it was not reported at the time.
How long do I have to make a claim?
For cases of child abuse, there is no longer a time limit to bring a claim in New South Wales and most other Australian states. Following the Royal Commission into Institutional Responses to Child Sexual Abuse, laws were changed to remove the previous strict deadlines. This means you can still pursue a claim for compensation, even if the abuse happened many decades ago. However, it is always best to seek legal advice as soon as you are ready.
Who pays the compensation?
You do not sue the individual abuser directly in a civil claim. The claim is brought against the institution that was responsible for your care and failed to keep you safe. Any compensation awarded is paid by the institution (for example, the church diocese, the private school, or the State of NSW for a government-run facility) or its insurers. This ensures you can recover compensation regardless of the individual abuser's financial situation.
What is the difference between a civil lawsuit and the National Redress Scheme?
You have two main options for seeking justice, and you cannot pursue both at the same time.
Civil Lawsuit:
- A legal action taken in court to seek financial compensation (damages) for your suffering.
- There is no cap on the amount of compensation you can receive, which is determined by the severity of your injuries and losses.
- Requires you to prove your case "on the balance of probabilities."
National Redress Scheme:
- An alternative to court, offering a redress payment capped at $150,000, access to counselling, and a direct personal response (e.g., an apology) from the institution.
- To be eligible, the abuse must have occurred when you were under 18 and the institution must have joined the Scheme.
- Accepting a Redress offer means you give up your right to sue the institution for the abuse.
- A specialist lawyer can advise you on which option is best for your specific circumstances.
Can I Sue Someone for a Crime They Committed Against Me Even if They Were Acquitted in Criminal Court?
Yes, you can file a civil lawsuit against someone for a crime they committed against you, even if they were acquitted in criminal court. Civil and criminal cases have different standards of proof. In a criminal case, the prosecution must prove guilt "beyond a reasonable doubt," whereas in a civil case, the plaintiff only needs to prove their case "on the balance of probabilities." This lower standard means you might succeed in a civil court even if the criminal court did not convict the perpetrator.
What does "no win, no fee" mean for an abuse claim?
"No win, no fee" means that you do not have to pay for our lawyers' professional time unless your case is successful.
- If you win: A portion of the legal fees are paid by the institution, and the remaining amount is deducted from your compensation payout.
- If you lose: You do not pay our legal fees. However, you may still be responsible for "disbursements," which are out-of-pocket expenses like the cost of medical reports or court filing fees.
We will provide you with a clear costs agreement that explains everything before we start work on your claim.
How much compensation can I get?
The amount of compensation varies significantly based on the specific details of your case, including the severity of the abuse and its long-term impact on your life. Compensation can cover:
- Pain and suffering (for psychological and/or physical injuries)
- Past and future loss of income or earning capacity
- The cost of medical treatment and therapy
- Other expenses incurred as a result of the abuse
In NSW, awards for pain and suffering alone can range from tens of thousands to hundreds of thousands of dollars, depending on the circumstances. An experienced lawyer can assess the potential value of your claim during a free, confidential consultation.
What evidence do I need for my claim?
Building a strong case is crucial. Your lawyer will help you gather the necessary evidence, which may include:
- Your own detailed account of what happened
- Medical records and reports from psychologists or psychiatrists
- Police reports (if any were made)
- Statements from witnesses (if available)
- Personal documents like diaries, journals, or letters from the time
- Records from the institution, such as school enrolment or attendance records
You do not need to have all this evidence ready before you speak to us. We are experienced in investigating historical cases and can help you obtain the documents required to support your claim.
How long will my case take?
Institutional abuse claims are complex and the timeline can vary. Once a claim is fully prepared and filed in court, it can take between 1 to 2 years to resolve. The process includes:
- Investigating your claim and gathering evidence
- Engaging in settlement negotiations or mediation
- Proceeding to a court hearing, if a fair settlement cannot be reached
Many cases are settled out of court. Your lawyer will give you a more specific timeline for your case and keep you updated every step of the way.
Civil Law Case Studies
- Nicole Byrne
- December 5, 2025
Suing NSW Police for Excessive Force: O’Brien Criminal & Civil Solicitors successfully represented John*
- Nicole Byrne
- November 27, 2025
Brutalised by Senior Apprentices, Ignored by Superiors, John* Finally Receives Justice After Abuse at
- Nicole Byrne
- November 18, 2025
Our client, Derek*, a young Aboriginal man, successfully sued the State of New South
- Nicole Byrne
- October 30, 2025
In a major legal triumph for civil liberties, the New South Wales Supreme Court
- Nicole Byrne
- October 27, 2025
Our client, Rachel*, has courageously held the State of NSW accountable for the abuse
- Nicole Byrne
- October 15, 2025
Sexual Abuse by Police Officer: Brave survivor receives justice after suffering abuse by a
