NSW Government appeals ruling on former Sydney teacher's civil liability

Legal Challenge in Supreme Court

The State of New South Wales has initiated an appeal in the Supreme Court concerning the financial liability of a former teacher, Helga Lam, regarding allegations of sexual abuse during the late 1970s.

Background of the Case

• The Incidents: In a civil case decided last year, a judge found that Ms. Lam engaged in repeated sexual conduct with four boys in 1978 and 1979, when they were aged between 13 and 15.
• Prior Legal Action: Ms. Lam has consistently denied the allegations. Criminal charges were previously dropped as they did not apply to women under the statutes of that era.
• Civil Settlement: The State of New South Wales previously reached a $2.5 million settlement with the victims. The state subsequently sought to recover a portion of these funds from Ms. Lam.

The Lower Court Ruling

Justice Ian Harrison ruled in November last year that while the school was responsible, Ms. Lam could not be held financially liable. The judge reasoned that, based on societal understandings in the late 1970s, she could not have foreseen the risk of harm to the students.

Current Appeal Arguments

Representing the state, David Lloyd SC argued before the Court of Appeal that the primary judge erred in his finding. The state contends that:

• The conduct was universally understood to be wrongful at the time.
• Ms. Lam would have realized the harm based on the reactions of the students, noting that one victim was observed physically shaking during the incidents.

The matter is scheduled for a two-day hearing before Justices A Payne, R McHugh, and M Ball. The public can verify current court listings via the NSW Supreme Court registry.