Actions against Department of Community Services (DOCS)

Action against Department of Community Services (DOCS) and other government instrumentalities both state and federal

Government bodies are expected to exercise reasonable skill care and consideration in their approach when dealing with children and families. Actions undertaken by the Department of Community Services must be done so in an ethical, professional and compassionate manner.

Often our firm comes across situations where innocent people are targeted by these government instrumentalists and decisions are made with far reaching consequences including removing children from their family environment and placing them with uncaring foster parents or charging parents with criminal offences such as abuse of their children, neglect of children and/or suffering from unsupported psychiatric aliments including personality disorder allegedly arguing that the parent is unfit to retain the children.

On many occasions we can assist in mounting a claim against the government department for the return of the children and a claim for damages due inappropriate action on behalf of D.O.C.S.  We will need full details of the psychiatric and family histories of the parents and this should ultimately be supported by medical reports from psychiatrists / psychologists attesting to the stable state of mind of the parents.

What damages are recoverable?

Damages traditionally awarded by the courts are known as common law damages. The general principle for awarding losses is that the claimant should be restored by an amount which would put him/her into the same position had the negligence not occurred.

Heads of Damages:

1. General Damages - For pain and suffering, permanent disability and loss of enjoyment of life.
2. Medical Expenses - All medical expenses reasonably incurred as a result of the negligence. In addition the court may award a lump sum to cover medical expenses in the future.
3. Economic Loss - Calculation of loss of earnings to the date of the hearing, net of tax. The court may also award a lump sum for future loss of earnings.
4. Care - Whether care was provided on a commercial basis or without charge by family members or friends, the plaintiff is entitled to recover the commercial cost of that care. In addition the court may award a lump sum for care in the future.

What are the costs involved in pursuing an action for professional negligence?

At Gerard Malouf & Partners we will take most matters on a speculative basis. This means that the firm will not make a claim for professional costs nor expenses incurred unless the claim is successful. However, it will be necessary to obtain an expert opinion from a professional in the same field as the negligent person and usually an advance payment is required.

If you are successful and you obtain a costs order against the negligent party, you will only be able to recover part of your legal costs. If you are unsuccessful, you may be ordered to pay the legal costs of the person you have sued.

Take The Next Step

At Gerard Malouf & Partners we offer a service of the first consultation free to ascertain details of your claim & explain our services that only require payment if the action we undertake on your behalf is successful.