Western Australia’s Court of Appeal has dismissed the state government’s attempt to overturn a $2.8 million damages award to child sexual abuse survivor Dion Barber, sharply criticizing the appeal as “deeply illogical.” The state government had sought to challenge the compensation order, which was handed down by the District Court last year, but the highest court in the state rejected the appeal on the first day of a scheduled two-day hearing and later published detailed reasons for the decision.

Chief Justice Peter Quinlan, leading the appeal bench, expressed strong disapproval of the government’s rationale, noting that the state had already paid the judgment in full and committed to covering Mr. Barber’s legal costs regardless of the appeal’s outcome. The judges found it perplexing that the government would pursue an appeal when it had made clear it would not seek to recover the damages awarded.

Mr. Barber was sexually abused as a child by several family members after the Department of Communities returned him to their care despite previous findings of abuse. District Court Judge Linda Black described the department’s decision to place him with relatives as “startling and incomprehensible.” The case has been emblematic of broader systemic failures within the state’s child protection services.

While Premier Roger Cook maintained the appeal was intended to clarify legal points to facilitate compensation for other survivors of abuse, the Court of Appeal suggested the government’s true aim was to obtain a legal ruling that could reduce or deny liability in future claims. The judges criticized the state for seeking what amounted to an advisory opinion to assist in settling other cases, cautioning that such matters should be addressed through proper litigation processes rather than abstract rulings on this individual case.

“If the state wishes to deny another claim, it ought to do so, openly and transparently, in the ordinary course of litigation, in a properly constituted case, rather than on the basis of an advisory opinion from this court,” the judgment stated.

In response to the court’s pointed criticism, Premier Cook defended the decision, asserting that the government was acting on legal advice aimed at clarifying laws to expedite justice for survivors.

The state government faces over 200 compensation claims arising from child sexual abuse suffered by individuals in state care, a situation intensified by the McGowan government’s recent decision to lift the statute of limitations on such claims.

Mr. Barber’s lawyer, Hugo Seymour of Maurice Blackburn, accused the Department of Communities and the Insurance Commission of seeking judicial approval to dismiss or diminish other survivors’ claims. He said the Chief Justice’s remarks unequivocally exposed the government’s approach as lacking genuine concern for victims’ justice. The court’s publicly released reasons underscore significant judicial disapproval of the state’s handling of abuse survivor claims.