When children are involved in a case, the courts are generally aware of any significant changes in the situation of parents that would affect the well-being of those children. For this reason, judges are almost always willing to cancel a conjugal transaction contract when the terms of that agreement are no longer in the best interests of a child until a final judgment has been rendered. Contrary to the Court of Appeal`s findings, survivors of child sexual abuse on the basis of the NSW proposal could rely on the retroactive cancellation of the limitation periods as a relevant consideration in deciding whether the court should exercise its discretion with respect to an application to quash a settlement agreement. The Queensland Court of Appeal case (if read with the judge`s decision), TRG against the Board of Trustees of The Brisbane Grammar School, comments on the trial in Queensland.  The corresponding provision in Queensland states that a court may defer a settlement agreement on a child sexual abuse claim, if it is “fair and reasonable”. If there is any doubt as to the content of a particular document, a party is naturally free to request a consultation or a copy of it. The Tribunal noted that a party to disclosure is not required to describe documents or add a comment to a list of documents to emphasize the relevance of this document to an opposite party. Therefore, where there is a suspicion of fraud or dishonesty, a party should act with due diligence to ensure that it has all relevant documents, particularly the parties received before entering into an agreement. From a professional point of view, counsel for a party should ask the party to confirm (preferably in writing) that any transcripts relating to the claim have been transmitted. Prior to these changes in the law, complainants seeking compensation for child sexual abuse often settled claims directly with the relevant institution through a settlement. These acts generally contained a clause that frees the institution from future responsibility in order to give the institution and survivors the end and security. After hearing about victims who had settled their claims in this way, the Royal Commission found that victims were often unencendiary and not counselled independently, which raised concerns that complainants felt compelled to settle their claims.
Under contract law, there are circumstances in which a transaction contract may be ineffective and can be repealed. This practice note takes into account the circumstances under which a transaction agreement may be cancelled, including for reasons of validity, whether because of your ability, error, illegality, fraud and a limit of duress.