Title: Families of clergy abuse victims’ new legal precedent paves way for litigation
A Supreme Court ruling in relation to a lawsuit levelled against the Catholic Church has been heralded as a potential new precedent for loved ones of alleged victims of clergy abuse.
Key points:
- Court this week ruled the Catholic Church cannot use “Ellis defence” in a Melbourne lawsuit
- The Catholic Archdiocese has acknowledged the ruling as the lawsuit proceeds
- Lawyers across the state say it will “pave the way” for a legal precedent
The court this week ruled the Catholic Church could not use a legal argument pertaining to the so-called Ellis defence.
The defence was named for choirboy John Ellis and prevented abuse survivors from suing unincorporated organisations such as the church.
The ruling came after a lawsuit levelled at the Church and Cardinal George Pell by a father of one of Pell’s accusers, who has since died of a drug overdose.
The court this week did not make any orders against Pell.
Ballarat lawyer and victim-survivor advocate Ingrid Irwin said it was “huge” development, especially in south-west Victoria where there have been many high-profile cases of clergy abuse.
“It can potentially open the floodgates to so many secondary victims now,” Ms Irwin said.