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Specialist Lawyers for Survivors of Historic Child Sexual Abuse

Your Voice Deserves to Be Heard

Trusted & Recommended by Clients. Let by Accredited Specialists

4.6  – 120 Reviews

The O'Brien Advantage

Proven Track Record in Abuse Claims

Detail successes in representing survivors of institutional abuse, securing justice, apologies, and compensation.

Trauma-Informed Expertise

Emphasize the team's deep knowledge of historic abuse law, combined with a trauma-informed approach that prioritizes survivor well-being.

Personalised Support

Explain that the team understands the sensitivity of these cases and provides a supportive, tailored legal strategy for each individual's unique situation.

No Win, No Fee*

Reassure clients that they can access expert legal representation without upfront costs or financial risk.

Holding Institutions Accountable: Claims We Handle

Abuse in Religious Institutions

Focus on claims against churches, dioceses, and other religious organisations for abuse perpetrated by clergy or members.

Abuse in Schools & Educational Facilities

Cover claims against public, private, and boarding schools for abuse by teachers, staff, or other students.

Abuse in Government & State Care

Address abuse that occurred in foster care, children’s homes, youth detention centres, and other state-run facilities.

Abuse in Disability Care & Services

We handle sensitive claims for survivors who were abused in disability care settings, including special schools, residential facilities, and therapy services. We are committed to fighting for vulnerable individuals failed by the systems designed to protect them.

Abuse in Healthcare & Medical Settings

We represent survivors abused in hospitals, psychiatric facilities, or by trusted medical professionals during their childhood. We hold healthcare providers and facilities accountable for profound breaches of trust.

Abuse in Youth & Community Organisations

Our experience extends to claims against sporting clubs, military and police cadets, scout groups, and other community organisations that failed in their duty of care to protect children.

Our Approach to Seeking Justice for Survivors

We know that coming forward takes immense courage. At O’Brien Criminal and Civil Solicitors, our legal approach is designed to empower you and make the process as clear and supportive as possible. We can help you by:

Sensitive Investigation and Case Building

We begin by meticulously and compassionately gathering all necessary information to build the strongest possible case. This involves collecting historical records, witness statements, and expert reports while always prioritising your emotional well-being and privacy. Our trauma-informed approach ensures this process is handled with the care and respect you deserve.​

 

Strategic Negotiation and Redress

We are experts in every available pathway to justice. Whether through direct and confidential negotiations with an institution for a settlement and apology or by guiding you through the National Redress Scheme, we focus on the strategy that best suits your personal goals. Our aim is to secure a meaningful resolution that acknowledges the harm you suffered.

Litigating in Court Proceedings

When a fair settlement isn't possible, we are prepared to represent you fearlessly in court. As experienced litigators, we will advocate for you powerfully before a judge, presenting a compelling case to hold the institution publicly accountable. We will stand by you at every stage, providing robust support and clear guidance throughout the trial process.

Meet Our Specialist Abuse Law Team

With decades of combined experience, our dedicated abuse law team has established us as one of Australia’s leading firms in this area. Led by Law Society Accredited Specialists, our team is committed to providing compassionate and powerful advocacy for survivors of historical abuse.

We operate on a client-first, trauma-informed philosophy. Our goal is not just to win your case, but to ensure you feel heard, respected, and supported at every step. We provide clear advice and a roadmap to achieving a meaningful resolution in the most respectful and effective way.

Our team is led by Law Society Accredited Specialists in Civil Law. This is the highest level of accreditation a solicitor can achieve, awarded only after a rigorous assessment of their expertise, experience, and specialist skills. When you work with us, you are working with proven experts at the top of their field.

A circular logo with the text "Personal Injury Law Accredited Specialist" encircling an abstract design in black and blue.

The Path to Justice: Your Claim Process

1. Free & Confidential Consultation

If you are a survivor of institutional abuse, contact us for a free, confidential, and no-obligation consultation. In a safe and supportive environment, our lawyers will listen to your experience, explain your legal options, and discuss our no win, no fee policy.

2. Building Your Case with Care

Should you choose to proceed, your lawyer will work collaboratively with you to gather evidence. We handle this process with the utmost sensitivity, developing a strategic case while always prioritizing your emotional well-being.

3. Clear & Consistent Communication

Your lawyer will keep you fully informed about the progress of your case, explaining all legal processes in clear, simple terms. We ensure you are a partner in the process and feel empowered to make key decisions.

4. Pursuing a Meaningful Resolution

Our lawyers will work tirelessly to achieve the best possible outcome for you. This may involve negotiating a private settlement, securing a result through a national redress scheme, or representing you powerfully in court proceedings.

Remember: The path to justice is a complex journey, and our experienced lawyers are here to guide you with compassion and strength.

Taking the First Step: What You Can Do

If you are a survivor seeking to hold an institution accountable, taking the first step can feel overwhelming. We are here to help you navigate the path forward when you are ready.

Document What You Can Remember

Seek Specialist Legal Advice

Prioritise Your Well-being and Privacy

General Tips for Survivors

Remember: You do not have to face this alone. Let the experts at O’Brien Criminal and Civil Solicitors guide you. We will fight to secure the justice and recognition you deserve. In all institutional abuse cases, you can benefit from having all costs covered in a 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.

FAQs on Civil Claims

What is institutional child abuse?

Institutional child abuse is any sexual, physical, or emotional abuse or neglect of a person under 18 that occurred within an organisation or institution. This includes:

  • Schools (public and private)

  • Churches and religious organisations

  • Government or state care (foster care, children's homes)

  • Sporting clubs and youth groups

  • Hospitals and healthcare facilities

  • Disability care services

In NSW, the law focuses on the institution's failure to provide a safe environment, making them legally responsible for the harm caused by their employees, volunteers, or members.

Is it too late for me to make a claim for abuse that happened decades ago?

No, it is not too late. All Australian states and territories, including NSW, have removed the time limits for bringing civil claims for child sexual abuse.​

This legal change acknowledges that it can take many years or decades for survivors to feel ready to come forward. You can now seek justice regardless of how long ago the abuse occurred.

Who do I sue if the institution has closed down or the abuser has died?

You sue the institution, not the individual abuser. The claim focuses on the organisation's failure to protect you. Any compensation awarded is paid by the institution's insurer or assets.​

Even if an institution no longer exists, it is often still possible to make a claim. A specialist lawyer can trace the institution's history to identify the responsible entity or its insurer that must answer for the claim. The death of the abuser does not prevent you from suing the institution.

What's the difference between a civil lawsuit and the National Redress Scheme?

These are two very different pathways to justice, and you should seek legal advice before choosing one.

  • Civil Lawsuit (Suing the Institution):

    • A legal action in court seeking full compensation for your pain and suffering, lost income, and treatment costs.​

    • Compensation amounts are not capped and are often significantly higher than the Redress Scheme.

    • The process is managed by your lawyer, who advocates only for you.

  • National Redress Scheme:

    • An administrative government scheme, not a court process.​

    • Offers a capped payment (up to $150,000), counselling, and an apology from the institution.​

    • If you accept a Redress payment, you permanently lose the right to sue the institution for the abuse.​

What does "no win, no fee" mean for an abuse claim?

"No win, no fee" means you do not pay our legal fees unless your claim is successful.

  • If you win: Our legal fees are calculated as an agreed portion of your final compensation.

  • If you lose: You do not pay our legal fees. However, you might still be responsible for "disbursements." These are out-of-pocket expenses paid to third parties, such as the cost of expert psychological reports or court filing fees.

We ensure you understand all potential costs in a clear costs agreement before we begin.

How much compensation can I get?

Compensation in a civil claim varies significantly based on the lifelong impact of the abuse. Factors considered include:

  • Pain, suffering, and emotional distress.

  • The cost of past and future psychological treatment.

  • Loss of past and future income and superannuation.

  • The cost of care and assistance provided by loved ones.

While every case is unique, civil claim settlements are intended to fully compensate you for your harm and often result in hundreds of thousands of dollars, significantly more than the Redress Scheme cap.

What evidence do I need for a historic claim?

Building a case for abuse that happened long ago can be challenging, but it is possible. Your own testimony is the most important piece of evidence. Other items that can help support your claim include:

  • Your personal journals, diaries, or letters from the time.

  • Statements from witnesses who may have seen something or to whom you disclosed the abuse (e.g., friends, family, or a school counsellor).​

  • Medical or psychological records showing the impact on your health.​

  • Any records from the institution, like school reports or enrolment documents.

Our lawyers are experts at sensitively gathering evidence to build a strong case, even when you have very little information to start with.

Will I have to face my abuser or go to court?

Most historical abuse claims are settled out of court through confidential negotiations. This means it is very unlikely you will have to face your abuser or testify at a public trial. Our goal is to resolve your claim in a way that minimises further trauma.

If the institution refuses to offer a fair settlement and the matter does proceed to a hearing, we will support you at every step and ensure

Civil Law Case Studies

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O’Brien Criminal & Civil Solicitors
e: 
p: 02 9261 4281

a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

© 2025 O’Brien Criminal and Civil Solicitors.  All Rights Reserved.

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