Pre-existing judgments and settlements to which Part 2A applied
48 Pre-existing judgments and settlements to which Part 2A applied
This clause applies to a cause of action against a protected defendant for child abuse of a person who at the time of the child abuse was an offender in custody.
The person may commence proceedings on the cause of action in a court with sufficient jurisdiction to hear the cause of action despite any earlier judgement or settlement given or made before the commencement of section 26B(2A).
The action may be brought as if the earlier judgment or settlement, including related proceedings, had not occurred.
The court hearing the action may, if it decides that it is just and reasonable to do so, do any or all of the following—
set aside the earlier judgment or settlement,
take into account any amounts paid or payable by way of damages under an earlier judgment or settlement,
take into account any amounts paid or payable by way of costs in the related proceedings.
The Supreme Court may, on application, exercise the power to set aside a judgment under subclause (4)(a) even though it is not hearing the action.
A court, other than the Supreme Court, may not, under this clause, set aside a judgment of any other court.
In this section—
child means a person under the age of 18 years.
child abuse, of a child, means sexual abuse or physical abuse of the child but does not include an act that is lawful at the time it takes place.
offender in custody has the same meaning as in Part 2A of this Act.
protected defendant has the same meaning as in Part 2A of this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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