theguardian.com
Church Wins Appeal, Limiting Liability for Child Abuse
Australia's High Court limits the Catholic Church's liability for child sexual abuse, sparking debate and calls for legal reform.
English
United Kingdom
Human Rights ViolationsHealthGender IssuesAustraliaLawsuitChild AbuseChurchLegal Ruling
Catholic ChurchHigh Court Of AustraliaKen Cush And AssociatesMaurice BlackburnSalvation Army
Father Bryan CoffeyDpJohn RuleRc
- What are the key criticisms and calls for action following the High Court's decisions?
- The High Court's decision has sparked significant debate and criticism, with lawyers and advocates expressing concern that it will limit the ability of abuse survivors to seek compensation and hold institutions accountable. Calls for law reform to align Australian law with other jurisdictions are intensifying.
- What are the implications of the High Court's ruling for abuse survivors seeking compensation?
- The High Court's decision contrasts with similar rulings in the UK and Canada, which hold institutions liable for abuse that occurs under their watch. This decision has prompted calls for legislative change in Australia to ensure institutions are held accountable for abuse.
- What was the outcome of the Catholic Church's appeal regarding vicarious liability for child abuse?
- The Catholic Church successfully appealed a landmark ruling that held it vicariously liable for the abuse of a child by a priest who wasn't directly employed by the church. The High Court's decision limits the church's liability, raising concerns about the implications for abuse survivors.
- How does the High Court's definition of vicarious liability differ from practices in other countries?
- Vicarious liability typically holds employers responsible for their employees' actions, but the High Court ruled this principle doesn't extend to independent contractors or situations not strictly defined as employment relationships. This limits legal recourse for abuse survivors.
- What were the outcomes of the High Court's decisions regarding permanent stays in abuse compensation cases?
- In separate rulings, the High Court rejected applications for permanent stays in abuse compensation claims made against the Queensland government and the Salvation Army. These stays were sought to block claims due to the death of witnesses, highlighting the ongoing struggle for justice for abuse survivors.