Mazzeo Lawyers has acted for people in complex institutional abuse matters over many years, including proceedings before the Supreme Court of Victoria.
We recognise that these matters are not simply legal disputes. They involve deeply personal experiences and, in many cases, events that occurred many years before a person sought legal advice.
Our role is to provide clear and careful advice about the legal options available, while respecting the individual and the circumstances that brought them to us.
Some of our work in this area has resulted in reported decisions. We include two of those matters below because they provide context for our legal experience and the issues we have dealt with, rather than as a measure of the experiences or outcomes of the people involved.
Erlich v Leifer & Anor [2015] VSC 499
Mazzeo Lawyers represented Dassi Erlich in Erlich v Leifer & Anor [2015] VSC 499, Supreme Court of Victoria proceedings arising from abuse by Malka Leifer, the former principal of Adass Israel School.
The proceeding involved complex questions concerning institutional responsibility, psychiatric injury and the assessment of damages.
One of the significant legal issues considered by the Court was the relationship between Leifer and the school, including whether her position and authority meant that her conduct could be attributed directly to the school.
The case required careful consideration of both the individual conduct involved and the responsibilities of the institution in which that conduct occurred.
Read Erlich v Leifer & Anor [2015] VSC 499
Waks v Cyprys & Ors [2020] VSC 44
Mazzeo Lawyers also represented Manny Waks in Waks v Cyprys & Ors [2020] VSC 44, another proceeding before the Supreme Court of Victoria.
The proceeding concerned historical abuse at Yeshivah College and required the Court to consider the long-term consequences of that abuse when assessing damages.
The matter involved a number of legally complex issues, including the effect of earlier abuse by another person, settlements involving other defendants and the assessment of past and future loss.
Mazzeo Lawyers acted for Mr Waks in the Supreme Court proceeding. The reported judgment provides a record of the legal issues considered by the Court and the firm’s involvement in the matter.
Read Waks v Cyprys & Ors [2020] VSC 44
Experience beyond reported decisions
Reported judgments represent only part of Mazzeo Lawyers’ experience in institutional abuse matters.
Over many years, the firm has acted in matters involving schools, religious organisations and government institutions, including matters involving Adass Israel School, Geelong Grammar School, Yeshivah College, Salesian College, the Victorian Government and the Catholic Church.
Many matters never result in a published judgment. The circumstances, evidence and appropriate legal pathway are different for every person.
Historical matters can also present particular legal and evidentiary difficulties. Significant time may have passed. Records may be incomplete, people with relevant knowledge may no longer be available and the structure or identity of an institution may have changed.
There may also be questions about the responsibility of an institution for the actions of an individual and the evidence required to establish that responsibility.
Understanding those issues is an important part of providing realistic advice about the options available.
More than a legal process
Experience in this area has also reinforced that the legal process itself needs to be approached carefully.
For some people, seeking legal advice may come after years of considering whether they want to take any action at all. Others may already have been involved in criminal proceedings, investigations, institutional processes or other forms of redress.
There is no assumption that litigation is the appropriate course simply because a legal claim may be available.
Our role is to explain the available pathways, the issues that may arise and the practical implications of pursuing them, so that each person can make an informed decision about what is right for their circumstances.
Seeking legal advice
Deciding whether to seek legal advice about historical or institutional abuse is a personal decision.
If you choose to speak with Mazzeo Lawyers, the initial conversation provides an opportunity to understand the legal options that may be available and the issues that may need to be considered. Any discussion is treated with sensitivity, discretion and respect.
