Sensitive & Institutional Abuse

HBA is highly sought-after by insurers and insured institutions in the defence of sensitive, legacy and institutional abuse claims across Australia. These matters require careful judgment, discretion, and a clear understanding of legal risk, insurance exposure, and reputational impact.

Our specialists have decades of experience representing Federal, State and Territory governments, religious organisations and not-for-profit organisations, insurers and their insured clients in a range of complex, sensitive and legacy matters involving schools, care homes, hospitals, detention centres and other private and public sector facilities. We regularly advise on historical and long-tail claims, including matters arising decades after the alleged events, and understand the unique operational, governance, and cultural issues faced by these institutions.

We assist clients with early liability and quantum assessment, coverage and policy interpretation, and the defence of proceedings in all Australian jurisdictions. We also advise on claims connected with redress schemes and pre-litigation processes, helping insurers and insureds navigate parallel and evolving obligations.

Sadly, there are no shortage of claims involving allegations of institutional failings. These claims require special care and expert legal services in equal measure, as liability is often not clear-cut and, even when the facts are established, unwinding the insurance liabilities and contributions can involve significant litigation.

We have given coverage advice and defended sensitive claims which involve historical issues and determining policy coverage across multiple policy periods. We have also created a range of tools, including policy banks, that assist and identify these issues and enable better predictive accuracy about relevant issues, and how best to address them before they escalate.

Our specialists have in-house experience with the NSW State Government and are not only well acquainted with public sector policies and procedures (including the Model Litigant Policy for Civil Litigation and Guiding Principles for Civil Claims for Child Abuse), but have also been involved in developing risk mitigation strategies in this space.

Our people have provided advice to clients on the application of the National Redress Scheme as well as advice to insurers in response to claims for compensation concerning allegations of physical and/or sexual abuse in line with relevant State and Territory policies.

HBA’s approach is measured and compassionate, balancing empathy for claimants with a principled and strategic defence of our clients’ interests. We work closely with insurers, schools, boards, and institutional stakeholders to provide clear, practical advice and pathways to resolution through mediation or negotiated settlement where appropriate. Clients value our experience, discretion, and ability to manage highly sensitive claims with clarity and confidence.