Section 5C of the Limitation Act 1974 (Tas) permits the setting aside of prior settlements of child abuse claims where the settlement was grossly inadequate, the plaintiff was under a special disadvantage, and the defendant failed to disclose material information such as prior knowledge of the perpetrator's propensity. The court will not deduct amounts paid under a set-aside deed from the damages award under s 5C(6) where the defendant did not contribute to the original settlement payment. Pre-judgment interest under s 35A of the Supreme Court Civil Procedure Act 1932 (Tas) should ordinarily be calculated from the commencement of the action rather than retrospectively to the accrual of the cause of action, and interest is not awarded on exemplary damages.
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