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Case Summary: Reed (a pseudonym) v Smith (a pseudonym) [2024] VCC 1387

Published on June 16, 2025 by Martin Slattery and Isidora Keesing

The Plaintiff commenced proceedings in the County Court of Victoria at Melbourne against the Defendant, her grandfather. She alleged high level regular sexual abuse between 2013 and 2018 when she was aged between nine and fourteen.  The Defendant is currently incarcerated. It was noted that the Plaintiff was involved in his criminal proceedings and alleged that he had also sexually assaulted her sisters.

On 2 September 2022, the Defendant was served with the Writ and Statement of Claim. He did not enter an appearance or a defence. On 29 May 2024, a judgement in default of appearance was entered into pursuant to Order 21 of the County Court Civil Procedure Rules 2018.

An assessment hearing proceeded without the Defendant. A Plaintiff who has been injured by the tortious act of a tortfeasor (person who committed the alleged wrongful act) is entitled to be compensated to the position they ought to have been in, ‘but for’ the alleged harm. By his failure to enter an appearance or defence, the Defendant was taken to have admitted the allegations and damages claimed.

Dr Leon Turnbull, psychiatrist engaged by the Plaintiff, opined the alleged wrongful acts caused her to suffer psychiatric harm, and that she met the diagnostic criteria for post-traumatic stress disorder, anxiety, and depression. Consequently, the Plaintiff claimed general damages for pain and suffering, pecuniary loss from a loss of earning capacity, treatment expenses, aggravated damages, and costs.

At the time of the hearing, the Plaintiff was approximately twenty years of age. Clayton J observed that typically cases of childhood sexual assault are brought by Plaintiff’s many years after the abuse, and by virtue of that, the effect of the abuse can be more readily assessed. It was further noted by Her Honour hat the Plaintiff had shown she could overcome significant adversity, observing that she was working 25-40 hours a week in hospitality, studying at university, playing music in a band, and living out of home in a share house.

Clayton J assessed the damage as follows:

1. General damages of $500,000
2. Aggravated damages of $50,000
3. Past pecuniary loss of $1,200
4. Future pecuniary loss $231,000 (where $31,000 includes treatment expenses)
5. Costs fixed in the amount of $39,000

You can read the full case here.

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