Survivors of church sexual abuse are calling on MPs to urgently amend legislation following a devastating High Court decision today.
The High Court has delivered a huge blow to survivors of abuse by ruling that vicarious liability does not apply to Churches because priests and other religious figures are not strictly employees.
Law firm Rightside Legal says this is a tragic decision that overrules recent Victorian law.
“We are already hearing from survivors who have heard this news,” said Michael Magazanik, partner at Rightside Legal.
”It is also a decision that goes against international practice in countries such as Canada and the UK.
“It reverses three recent Victorian decisions in favour of survivors.
“But there is a way forward: the High Court says correcting this issue is “squarely” in the hands of the legislature.
“State Parliaments can fix this, and urgently, so as not to further prolong the stress and hardship that many thousands of abuse survivors continue to live under.
“Otherwise, we will revert to an unfair past where Churches can escape liability for many shockingly abusive priests and religious brothers and sisters.”
Mr Magazanik said the nation’s attorneys general were meeting next week which was a perfect opportunity to announce a commitment to law reform.
Contact:
Michael Magazanik, partner, Rightside Legal 0403 367 608
Andrew Taylor 0411 156 797
About us:
RIGHTSIDE LEGAL
In recent years Rightside Legal has set legal precedents: the first trial win against the Catholic Archdiocese of Melbourne; and the first cases in Western Australia and Victoria to overturn previous settlements in sexual abuse cases. The largest verdict for an abuse survivor in Australia. After decades of being denied justice, survivors are now being properly supported late in their lives.
Rightside Legal has also set records, with multi-million-dollar settlements for former students in private and government schools and orphanages.
Not all cases set records, not every case is a first, but every case matters.
Contact details:
Michael Magazanik, partner, Rightside Legal 0403 367 608
Andrew Taylor 0411 156 797