❓ Hon Nick Goiran questions the Attorney General regarding the state's handling of the Dion Barber child sexual abuse case, specifically concerning adherence to model litigant principles and the use of private lawyers. The Attorney General acknowledges the criticism and confirms a review is underway.
AnsweredQoN 715Legislative Council
QuestionView source ↗
Dion Barber—Legal case715.Hon Nick Goiranto
theparliamentary secretary representing the
Attorney General:I refer to the judgement
delivered on 9 September 2025 inDB v The State of
Western Australia[2025] WADC 60, which awarded Dion Barber almost $3
million in damages for child sexual abuse suffered while a ward of the state.(1) Is the Attorney General aware of reported
criticism from the plaintiff's lawyer that this case showed that normal
practices adopted by the department and the state were not those of a model
litigant?(2) Is the Attorney General aware of the lawyer's
reported criticism about "the use of private lawyers with no understanding
of trauma-informed practices" and that "this all needs to change"?(3) Will the Attorney General order a review of
the state's handling of this case to verify whether the state acted as a model
litigant and to review the criteria for using private lawyers?(4) What is the total cost to date of invoices
paid to the private law firm that was engaged?(5) Are more invoices expected?
theparliamentary secretary representing the
Attorney General:I refer to the judgement
delivered on 9 September 2025 inDB v The State of
Western Australia[2025] WADC 60, which awarded Dion Barber almost $3
million in damages for child sexual abuse suffered while a ward of the state.(1) Is the Attorney General aware of reported
criticism from the plaintiff's lawyer that this case showed that normal
practices adopted by the department and the state were not those of a model
litigant?(2) Is the Attorney General aware of the lawyer's
reported criticism about "the use of private lawyers with no understanding
of trauma-informed practices" and that "this all needs to change"?(3) Will the Attorney General order a review of
the state's handling of this case to verify whether the state acted as a model
litigant and to review the criteria for using private lawyers?(4) What is the total cost to date of invoices
paid to the private law firm that was engaged?(5) Are more invoices expected?
AnswerView source ↗
Answered
16 September 2025
Response time
0 days
Hon Dan Caddy replied:I thank the member
for some notice of the question.(1)–(2) Yes.(3) The state is reviewing the judgement and it is
not appropriate to comment any further at this time. The state takes its model
litigant responsibilities seriously and we will be looking more closely at
these issues.(4) This matter was briefed to Minter Ellison by
the Insurance Commission of Western Australia on behalf of the state.
Information received from the Insurance Commission is that a total of
$442,070.64 has been paid to Minter Ellison to date on this matter.(5) Yes.
Dion Barber—Legal case
for some notice of the question.(1)–(2) Yes.(3) The state is reviewing the judgement and it is
not appropriate to comment any further at this time. The state takes its model
litigant responsibilities seriously and we will be looking more closely at
these issues.(4) This matter was briefed to Minter Ellison by
the Insurance Commission of Western Australia on behalf of the state.
Information received from the Insurance Commission is that a total of
$442,070.64 has been paid to Minter Ellison to date on this matter.(5) Yes.
Dion Barber—Legal case
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