Melbourne, Australia — In a significant legal ruling, the Western Bulldogs’ initial $5.9 million compensation payout to abuse survivor Adam Kneale was significantly reduced, though the Australian Football League club failed in its attempt to overturn the verdict entirely. The reduction follows an appeals court decision that deemed portions of the original amount “excessive.”
Kneale was awarded the historic settlement in 2023 after a jury found the Bulldogs negligent concerning the abuse perpetrated by club volunteer Graeme Hobbs in the 1980s, marking it the largest amount ever granted to an abuse survivor in Australia. The team, formerly known as Footscray, disputed the jury’s decision and the consequent financial penalties imposed upon them.
The case stems from incidents beginning in 1984 when Kneale, then aged between 11 and 12, was sexually abused by Hobbs at the Bulldogs’ administration building. Despite concerns reported to the club’s leadership about Hobbs’ inappropriate behavior, which included him being described as a “sleazy character,” it was argued there was insufficient evidence to anticipate that he would commit such heinous acts.
During the appeals process conducted in Melbourne, the Court of Appeal judges, with a majority of two to one, found that while the jury’s initial damage award for pain and suffering of $3.25 million was excessively high, reducing it to $850,000. They also lowered the compensation for Kneale’s loss of past and future earnings from $2.6 million to $1.7 million, citing the original figure was “founded on speculation.”
Justices David Beach and John Forrest stated, “All in all, it is a tragic situation,” in their joint judgment. However, Justice Karin Emerton had a dissenting opinion, allowing the club’s appeal based on the jury’s verdict, indicating she believed the evidence did not sufficiently prove the club should have foreseen the risks Hobbs posed.
Following the revised ruling, the Western Bulldogs are mandated to pay an adjusted sum of approximately $2.9 million to Kneale, which includes interest. Additionally, the club is required to cover 70 percent of the legal costs from the appeal.
Outside the courthouse, Kneale’s legal team declared the outcome a victory, emphasizing that the reduced payment still represents the highest compensation awarded in Australia for a case of this nature. “Adam’s created legal history, having been awarded a record figure for pain and suffering damages by the Victorian Court of Appeal—the highest court in the state,” said Michael Magazanik, one of Kneale’s attorneys.
In contrast, the Bulldogs recognized the split decision, particularly underlining Justice Emerton’s dissenting opinion while reaffirming their regret over the past events. A club spokesperson expressed, “The club would like to again express its sorrow at the suffering endured by Kneale and acknowledge the trauma he continues to live with.”
This legal saga captures not only the individual strife of those affected but also underscores the broader consequences and responsibilities of organizations in preventing abuse. The court’s decision reaffirms a commitment to justice for survivors, setting a precedent in compensation awards and institutional accountability.
For further support or information, individuals affected by similar issues are encouraged to contact the National Sexual Abuse and Redress Support Service.
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