WA Appeal Over $2.85 Million Payout Sets Precedent for 200 Abuse Survivors

When the WA government tried to overturn Dion Barber’s $2.85 million payout, the Court of Appeal shut it down – a decision that could shape the fate of nearly 200 other abuse survivors.

Dion Barber, abused in state‑run homes during the 1980s‑1990s, was awarded a record $2.85 million in compensation last year. The state paid the amount in full but immediately appealed, arguing the court erred and that the government should be immune from liability because staff acted in good faith.

Three Supreme Court justices, including Chief Justice Peter Quinlan, dismissed the appeal, calling it “not an appropriate exercise” of judicial power and warning that using the case to influence other pending claims would be improper.

The judges noted that almost 200 other people are currently seeking compensation for similar abuse in state care. Premier Roger Cook said the government was “seeking to clarify elements of the law so that we could provide justice to more people faster.”

Because the Court of Appeal rejected the government’s strategy, the $2.85 million award now stands as a precedent. It shows the state cannot use an appeal to lower payouts for other survivors, meaning the remaining claimants may receive compensation on comparable terms.

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WA Appeal Over $2.85 Million Payout Sets Precedent for 200 Abuse Survivors

WA Appeal Over $2.85 Million Payout Sets Precedent for 200 Abuse Survivors

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