[Greens-Media] Church uses legal loophole to deny compensation to sexual abuse victims

[David Shoebridge]

Church uses legal loophole to deny compensation to sexual abuse victims
Media Release: 24 October 2011
 
A landmark court ruling in a sexual abuse case against the Catholic church has once again seen the church avoid liability for proved abuse and left victims without a remedy, adding further pressure for legal reform.
 
See report in The Australian: http://www.theaustralian.com.au/business/legal-affairs/child-abuse-ruling-in-the-nsw-supreme-court-ups-pressure-for-legal-reform/story-e6frg97x-1226174543251 
 
Greens NSW MP David Shoebridge said:
 
"Last week the NSW Supreme Court overturned a ruling that allowed five men abused as young boys to seek compensation from the church's asset-holding trust fund.
 
"The church is avoiding justice for victims by hiding its assets in a property trust that the courts say is shielded from claims for damages for sexual abuse.
 
"With the actual perpetrators of the abuse are mostly penniless, and the church itself protected as a non-legal entity that cannot be sued, the end result is that victims have no remedy.
 
"It was not in dispute that a Patrician Brother at a Catholic School, Thomas William Grealy, abused the boys in 1974 at the Patrician Brothers Primary School in Western Sydney, yet the church has doggedly defended the claims to avoid paying damages.
 
"With the perpetrator, Grealy, having no assets, and the Catholic church itself being a non-legal entity immune from suit, the victims were left to sue the property trust that holds all of the Catholic church's assets, which the church, and now the court, has said is not liable.
 
"Once again the Catholic Church is telling victims of its abuse that it will fight them tooth and nail in the courts and use loopholes in the law to avoid paying a cent in compensation.
 
"Cardinal Pell should be honest and tell the community that the Church values preserving its assets above any moral duty it has to ensure justice and compassion for those who were sexually abused while in its care.
 
"This is a reprehensible defence by the church and parliaments across Australia need to act to prevent the Church from continuing to use it to deny victims of abuse justice," Mr Shoebridge said.
 
Mr Shoebridge has moved in the NSW Parliament for law reform to allow victims to recover damages for abuse against the church's property trust.
 
Read more: http://davidshoebridge.org.au/2011/09/29/lawyers-say-ellis-defence-reduces-church-payouts/ 
 
More information: 9230 3030 | 0433 753 376
 
 

David Shoebridge
Greens MP in the NSW Legislative Council
P: (02) 9230 3030|Media: 0433 753 376|T: @ShoebridgeMLC ( http://twitter.com/#!/shoebridgemlc )
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