Event and Time
Event Description
In a case involving allegations of sexual and physical assault by the second defendant against the plaintiff, who was involved in a children's chorus under the employment of the first defendant, the plaintiff seeks damages, as well as an interim asset freezing order and an ancillary order for asset disclosure from the second defendant.
Application and Claims
The plaintiff filed a statement of claim on 26 April 2021, claiming damages against:
- Opera Australia (first defendant)
- David Edward Lewis (second defendant)
The claims detail that:
- The second defendant assaulted the plaintiff during her engagement as a child chorister.
- The first defendant breached its duty of care to the plaintiff, making both defendants liable for damages.
On 7 May 2021, the plaintiff filed a notice of motion requesting:
- An asset freezing order
- A non-publication order
- Orders for mediation
An amended notice on 27 May 2021 limited the relief sought primarily to the freezing order and asset verification from the second defendant.
Judicial Decisions
The court ordered that the second defendant file an affidavit disclosing all his assets and their details, as well as the handling of financial proceeds from a property sale post his guilty plea and incarceration. The plaintiff’s counsel accepted an undertaking from the second defendant regarding asset disposition, which led to not pursuing the freezing order at that time. The costs of the motion were ordered to be borne by the second defendant if the plaintiff is successful.