Summary:
Carbone Lawyers has obtained a significant settlement for four siblings who were sexually, physically and emotionally abused by foster parents in the 1960s and 70s.
Key Points:
- The siblings became wards of the state after they were removed from a violent home environment.
- All four siblings were placed in foster homes owned by a religious institution.
- They claimed that as children, they were abused for many years and by multiple perpetrators.
- The case highlights that despite the significant increase in public awareness and discussion of this issue, there are still countless victims who have yet to come forward and tell their story.
Case Details:
The Abuse in Care
It was in the late 1960s that the four siblings were taken from their parents and became wards of the state, placed into foster care in a home connected to a religious organisation. What followed was a period of devastating sexual and physical abuse at the hands of their foster carers, and even by their ‘holiday parents.’
The abuse was systemic and horrific and included allegations of sexual molestation and physical violence. In one shocking detail, the children were allegedly forced to eat their own vomit after being force-fed.
While the church representative who ran the foster home was believed to be genuinely well-intentioned, the individuals employed by the State who were entrusted with the children’s care were perpetrators.
The Pursuit of Accountability
For decades, the victims lived with their trauma. Their pursuit of justice was ultimately sparked not by the widespread media coverage of the Royal Commission, but by a chance encounter. They met an old friend from the same institution, who had received a payout through a redress scheme, prompting the siblings to finally seek legal action.
The defendants in the case were the Victorian State Government and the religious organisation.
The State’s Liability
The State was unequivocally deemed to be culpable due to its direct involvement. They were responsible for:
- Providing workers who supervised or oversaw the foster home.
- Offering grants, which necessitated a duty of care to ensure the home was an adequate and safe environment.
The argument was that the State, through its procedures and oversight, knew the generally poor circumstances at the house, even if direct knowledge of the sexual assaults on the specific plaintiffs was denied.
The Religious Organisation’s Liability
The religious entity fought the claim aggressively, arguing that it had no fault in the proceedings and denying any liability. However, the Carbone Lawyers legal team found a complex web of ownership and involvement:
- The land for the foster home was purchased through the religious organisation and held by a connected trust.
- There was evidence that other members of the religious organisation associated with the home had been previously implicated in child molestation cases.
This was pressed hard to secure a settlement, despite the organisation’s attempts to limit the discussion to the specific allegations in the pleadings.
The case moved forward, relying heavily on the victims’ testimony, as decades had passed and medical records were nonexistent. The legal team was confident that the sheer weight of the circumstances and prevailing precedents would make their accounts believable.
Outcome:
The matter was resolved before it was scheduled to go to trial. The case ended in a settlement, avoiding the publicity and immense stress of a full court hearing.
All four siblings were treated equally; they each received a significant six-figure settlement.
The victims, though forever marked by their trauma, were reported to be “as happy as you can be under the circumstances,” finally achieving a measure of justice and accountability.
Disclaimer: The details provided in this file are a representation of the facts of the case, and the settlement figure is categorised broadly to protect client privacy.
