Abuse Case Law Update: Damages Awarded in AJ v KM & TM v KM [2024]

 In the recent related matters of AJ v KM [2024] NSWDC 272 and TM v KM [2024] NSWDC 271, the two plaintiffs, AJ (a pseudonym) and TM (a pseudonym), brought proceedings against the same individual defendant, KM (a pseudonym), in relation to childhood abuse suffered by AJ by a family member of AJ and TM.   

These two matters arose from the defendant’s abuse of his stepdaughter, AJ. She (AJ) made a claim, and her mother (TM) made a claim for mental harm.  

Between 2013 and 2015, the defendant sexually abused AJ. AJ was aged between 12 and 15 at the time of the abuse. On 3 August 2018, the defendant was sentenced to imprisonment for 17 years 7 months with a non-parole period of 11 years 6 months, for the sexual abuse perpetrated by the defendant on AJ. The sentence followed a plea of guilty, the defendant having admitted the abuse at the time of its disclosure. 

The defendant was in prison and did not seek to defend the claims. The defendant has taken no active role in the proceedings. There were no issues as to liability in these matters. On 4 December 2023 default judgment was entered against the defendant, with damages to be assessed, pursuant to the Uniform Civil Procedure Rules 2002 16.3 and 16.7. 

The decision of AJ v KM is restricted; however, it has been published that the New South Wales District Court awarded damages to AJ totalling around $950,000.00.   

The New South Wales District Court awarded damages to TM as follows:  

General, aggravated and exemplary damages – $180,000 

Interest on past general damages – $10,260 

Past economic loss – $60,000 

Interest on past economic loss – $7,500 

Past loss of superannuation – $3,000 

Future economic loss – $100,000 

Past treatment expenses – $20,196.14 

Future special damages – $26,258.73 

TOTAL – $407,214.87  

In the mental harm claim by TM, the question of whether section 3B(1)(a) Civil Liability Act 2002 (NSW) was addressed. The trial judge said at [55]: 

The plaintiff’s claim arises from the defendant’s commission of multiple sexual assaults and sexual misconduct. Whilst the acts were committed against someone other than the plaintiff, (in this case the plaintiff’s daughter), the civil liability articulated in section 3B(1)(a) is not limited to liability to the actual victim of the sexual assault. For the exclusion to apply, all that is required is a liability of the defendant with respect to an intentional act that is a sexual assault. In the circumstances, I am satisfied, by operation of section 3B(1)(a) of the CLA, that the damages regime proscribed by the Civil Liability Act 2002 is inapplicable, and accordingly, the plaintiff’s damages are to be assessed in accordance with common law principles. 

Ultimately, on 5 July 2024, the New South Wales District Court ordered judgment be entered for the plaintiffs against the defendant in the sum of around $950,000.00 for AJ, and $407,214.87 for TM. The Court further ordered that the defendant is to pay the plaintiff’s costs as agreed or assessed.  

We are specialist abuse lawyers and can help you receive acknowledgement, meaningful apology and financial resolution from those institutions and systems of power that failed to protect you from harm. If you would like advice in relation to a childhood or adult sexual, physical and/or psychological/emotional abuse claim in any jurisdiction in Australia, please reach out to Littles Lawyers today. 

Further Abuse Law information and case law updates can be found on our website.

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