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AAP
AAP
National
Tara Cosoleto

Vic outreach worker gets $1.24m in damages

The court has awarded $1.24m in damages to a family violence worker attacked outside work hours. (Mal Fairclough/AAP PHOTOS) (AAP)

A Victorian family violence outreach worker who was attacked by her client's partner has been awarded $1.24 million in damages.

The woman was working at a regional Nexus Primary Health centre in March 2013 when the man attacked her in the street outside of work hours.

He dragged the woman by the hair and threatened her, telling the worker he would kill her if she continued to see his partner.

The man repeatedly threatened the worker for several months after the attack, sending her letters and throwing a rock through a window at her home.

The woman filed for damages in the Victorian Supreme Court in 2019, claiming she suffered post-traumatic stress disorder and was unable to work as a result of the attack.

She argued Nexus Primary Health failed in its duty of care as her employer.

Nexus fought the claim in court, saying it did not breach any duty of care owed to the woman.

The healthcare provider also argued it could not be concluded that the woman was attacked by her client's partner.

Supreme Court Justice Stephen O'Meara on Thursday found the woman did suffer injury, loss and damage as a consequence of Nexus failing in its duty of care.

The judge said the man was responsible for the attack and Nexus was aware he had issued threats to the worker as early as October 2011.

If the healthcare provider re-allocated the case, the woman would never have been attacked, the judge said on Thursday.

Justice O'Meara determined the woman was entitled to $1,244,615.55 in damages for her past and future loss of earning capacity.

AAP contacted Nexus Primary Health for comment.

Margalit Injury Lawyers, who represented the woman, welcomed Thursday's judgment.

"It's a very forward-thinking decision that really takes into account the realities of risk and harm that can occur to family violence workers," managing principal Michel Margalit told AAP.

"It's a brilliant outcome for workers that the court will recognise a duty to a worker outside of the workplace, not just within the confines of the four walls of your place of employment."

1800 RESPECT (1800 737 732)

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