Dion Barber v State of Western Australia 

Background

In September 2025, the District Court of Western Australia handed down the largest award of damages to a Plaintiff arising from institutional abuse in Western Australia’s history. The damages amounted to $2.846 million and this represented the first successful judgment against the State of Western Australia since the law reforms arising from the Royal Commission into Institutional Responses to Child Sexual Abuse.

The Plaintiff in this case suffered repeated sexual abuse by his stepfather in the 1980’s and 90’s whilst he was a ward of the State in Western Australia. Despite reporting the abuse in the early stages when he was eight years old, the Plaintiff was forced to have counselling with his abuser and underwent repeated abuse. He was also placed with his biological father, who was both physically and sexually abusive to him.

The trial resulted in findings of breach of duty of care by the State.

The State’s Appeal

The Western Australian government is in the process of appealing both the liability findings and damages amount awarded to the Plaintiff. Its main ground of appeal will be that the Plaintiff’s care workers acted in good faith when returning him to the care of his stepfather. Furthermore, the Department will allege that they did not know of the further sexual abuse after the Plaintiff was returned to his stepfather’s care.

In relation to damages, the State will likely argue that the Judge assessed the risk of harm to the Plaintiff ‘too broadly’, namely that too much focus was placed on the State’s duty of care to prevent physical abuse and not specifically sexual abuse. The State will also argue that events “other than the appellant’s negligence” could have contributed to the Plaintiff’s suffering.

It is disappointing that the State now seeks to re-traumatise the Plaintiff after a lengthy trial. The Plaintiff was accepted as a credible witness and no doubt will now want to get on with his life.

We will endeavour to provide updates in relation to the Appeal.

We have acted for many survivors of abuse in similar cases against the State of New South Wales. In the event that you have any enquiries arising from such circumstances please contact our offices.