HUNTER residents who say they have been abused by Catholic clergy now have new hope after the high court ruled the death of perpetrators does not rule out fair trials.
In a landmark case, a woman who says she was abused by a Catholic priest more than five decades ago has won a High Court bid to sue the church for breaching its duty of care.
Three out of five judges in the nation's top court on Wednesday ruled to overturn a NSW appeal court's decision to put a permanent stay on the woman's case, which sought damages for personal injury due to the alleged sexual abuse.
The woman, identified in the judgment by the pseudonym GLJ, sued the trustees of the Catholic church diocese of Lismore in 2020 over abuse she allegedly experienced at the hands of a priest in 1968, when she was 14 years old.
The priest responsible for the alleged abuse, Father Clarence Anderson, died in 1996.
The Catholic church previously claimed it could not get a fair trial because it did not receive a complaint from the woman until 2019 and virtually all senior officials who could give evidence had died.
The NSW Court of Appeal last year granted a permanent stay in the case, blocking the woman from receiving compensation through the courts.
But the majority of High Court judges said that move must only be made as a "last resort" and the proceedings could go to trial.
Chair of the Clergy Abused Network Bob O'Toole, who is based in the Hunter, said he was "delighted" for survivors who had previously thought legal action was off the table.
"This is certainly a momentous decision and will have a huge impact," he said.
He believed the arguments made by the church may have been incentivised by financial interests.
"There will be more justice for [survivors] rather than [institutions] looking to save money. They've got plenty."
The High Court noted laws were introduced in NSW in 2016 that scrapped time limitations on claims of child sexual abuse, a change that provided "a new legal context" to the woman's case.
However earlier this year, the Guardian reported an investigation had shown the church routinely used permanent stays to defeat claims for low-ball in settlement negotiations.
In 2020, the church was ordered to try and "resolve" a settlement with a priest who claimed he was sexually abused by a deceased priest after documents revealed the church knew about crimes.
"The situation with some of these deceased clergy is that there have been settlements made with survivors previously," Mr O'Toole said.
"But [the church] have found this legal loophole to deny the same rights to others.
"I think that is just appalling."
Mr O'Toole said he hoped survivors will feel increasingly empowered to speak up
"Previously, [people] have had to accept some ludicrous settlement or just forget about [their case].
"This will make a huge difference to people."
But the experience of retelling stories can be "traumatic" and Mr O'Toole urged people to seek help.
If this story has raised concerns for you, contact 1800 RESPECT (1800 737 732) or the Clergy Abused Network on 0408909950.
National Sexual Abuse and Redress Support Service 1800 211 028.
-with AAP
