High Court hope for child sexual abuse survivors

Survivors of historical sex abuse who have been dudded by stubborn churches, schools and other institutions are pinning their hopes on a High Court case that could overturn years of tough court rulings.

Canberra lawyer Jason Parkinson who represents victims of molestation by paedophile priests.

Survivors of historical sex abuse who have been dudded by stubborn churches, schools and other institutions are pinning their hopes on a High Court case that could overturn years of tough court rulings in favour of the abusers.

At the centre of the case are court decisions that have granted permanent stays of proceedings in favour of institutions after paedophile priests and other abusers have died or for other reasons such as “losing” files as Sydney‘s elite Trinity Grammar controversially claimed.

The High Court has granted special leave to appeal to lawyers for a woman who was aged 14 when she was sexually assaulted by Lismore priest Father Clarence Anderson in her home in 1968.

The woman, known as GLJ, reported the abuse in 2020 and launched civil proceedings against the Catholic Church for negligence.

Through her lawyers, Ken Cush and Associates, she is appealing the NSW Court of Appeal’s recent decision that the church cannot get a fair trial to defend itself because Father Anderson died in 1996.

View of the Catholic Diocese Church from the Bruxner Highway in Lismore.

Her lawyers have argued that the decision is at odds with reforms in the wake of the Royal Commission into Institutional Responses to Child Sexual Abuse which were designed to make it fairer and easier for survivors of abuse to sue the institutions for redress.

Legal sources said it was significantly the first time the High Court had agreed to hear a case like this since the 2017 royal commission.

They said “without a shadow of a doubt” it could have huge ramifications and allow victims to reopen cases against institutions which have been granted similar permanent stays of proceedings.

Child abuse survivor Rob Anderson. Picture: Richard Dobson

The High Court has been told that it can take decades for sex abuse victims to speak up because of the shame and trauma. Since time limits for suing institutions were removed following the royal commission, “a large number” of victims had lodged civil claims.

The woman’s lawyers told the court that at the same time however there had equally been a substantial number of attempts by defendants to have those claims permanently stayed, arguing the time lapse made a fair civil trial impossible.

They said the appeal court’s decision in her case had subverted the commission’s reforms.

They have argued that not only is everyone entitled to a fair trial but there is “the national recognition of the need for our system of justice to provide remedies for victims of historical child sexual abuse.”

The Catholic Church acknowledged there were reports of Father Anderson abusing boys as he was moved around parishes at Kyogle, Macksville, Maclean and then Lismore. Clergy notes described him as having “homosexuality” problems rather than being a paedophile.

The church is defending the claim, telling the High Court it was unable to produce evidence to refute the woman’s claim because of the time lapse and deaths.

Disgraced former Trinity Grammar teacher Neil Futcher pictured with students in 1974.

Among the cases which could be overturned by a ruling in favour of the woman are two cases in which Trinity Grammar won permanent stays of proceedings brought by former students because they “lost” records including an insurance policy.

In one of those cases, where primary school teacher Neil Futcher was jailed for at least 11 years for raping and sexually assaulting six boys, a court noted that the school had provided files for both before and after but just not for the relevant period.

Institutions have been accused of “crying crocodile tears” at the royal commission and then snubbing their noses afterwards.

Jason Parkinson of Porters Lawyers who has fought on behalf of many victims, said the GLJ decision flew in the face of “the weight of evidence”.

Canberra lawyer Jason Parkinson who represents victims of molestation by paedophile priests and teachers.

“Simply because an abuser is dead or demented, doesn’t allow for the fact that he may have also been a previously convicted abuser of scores of children,” Mr Parkinson said.

“GLJ means that no claims against these rapacious and prolific child abusers can be maintained, and allows the church get away with it all over again.”

The GLJ case won’t be heard in the High Court until at least April.