The Australian High Court delivered its judgement on a historical child sexual abuse case and QLD introduces a bill to remove time limits on child sexual abuse claims.
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Education Law Notes:  Your School & the Law
Term 4, 2016
Dear <<First Name>>, 

Welcome to the last edition of Education Law Notes for 2016!

In this edition, we revisit a historical sexual abuse case involving a school boarding house in South Australia upon which the High Court recently delivered judgment. We also look at Queensland's proposed change to time limits on child sexual abuse claims which is currently receiving some media attention.  Lastly, we take a look at a case from the USA which raises some serious child protection issues of which all schools should be aware.

As 2016 draws to a close, we would like to take this opportunity to thank you for reading the Notes throughout the year and to wish you all the best for Christmas and the new year.


David Ford

Image of birthday cakeWe are pleased to announce that during 2017 Emil Ford Lawyers will be celebrating its centenary year!!  Emil Ford was a solicitor who established our law firm in 1917. It was then known as Emil E J Ford & Co. Emil lived at ‘Telerab’, Wakeford Road, Strathfield but set up our first office at 350 George Street, Sydney. We will be sharing with you further snippets of historical interest throughout 2017 so that you can celebrate with us. Hip hip hooray!
Vicarious liability & time limitations on historical sexual abuse - revisited
Image of hour glassLast month, the Australian High Court delivered its judgement in a historical sexual abuse case involving a boarder and boarding master at a South Australian school.  In order to decide whether the boarder was entitled to an extension of time to bring his claim, the High Court had to consider how an employer could be vicariously liable for what the master did ...
Read more ...
Queensland to remove time limits on child sexual abuse claims
Image of clockQueensland has followed the lead of New South Wales by introducing a Bill to Parliament that will remove time limits for commencing action for past child sexual abuse incidents in an institutional context.  Read about the situation in New South Wales.
Read more about the QLD bill ...
Teachers as "gatekeepers" of their students
Image of teacher and school gateAn American school teacher failed to follow school procedures, releasing a child to an unauthorised person. Tragically, the child was sexually assaulted and has suffered significant physical and emotional injuries. The US decision stated that teachers are the “gatekeepers” of their students.  What does this mean?
Read more ...
Seminars for Schools:
Legalwise School Law Conference
Tuesday, 22 November 2016
9.00am to 5.15pm
Primus Hotel, 339 Pitt Street, Sydney

David Ford will be speaking on LGBTI Students and Sexuality Issues in Schools.

  • Legal issues in dealing with LGBTI students: duty of care, discrimination and privacy
  • Practical issues and approaches:
    - Toilets and change rooms
    - Excursions
    - Sport
    - Uniforms
    - School social functions
    - Single sex schools

Nathan Croot speaking on Dealing with Aggressive Parents

  • Communication tips: How to answer curly questions
  • Can you expel a family?

More details and how to register visit the Legalwise website.


Television Education Network School Law Conference
27 and 28 April 2017

David Ford and Nathan Croot will be speaking at this conference to be held in Melbourne next year. Further details will follow in the new year.

EduTECH International Congress & Expo
8 and 9 June 2017
Sydney International Convention Centre

David Ford will be speaking at this conference on 9th June 2017.  His topic will be "How schools can avoid litigation".  For further information and how to register
visit the EduTECH 2017 website.

T  02 9267 9800
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Warwick van Ede | Nathan Croot | John Murn | Joseph O'Mara | Trudie Strathdee
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