{"id":9818,"date":"2021-10-14T17:35:11","date_gmt":"2021-10-14T06:35:11","guid":{"rendered":"https:\/\/kelsolawyers.com\/au\/?p=9818"},"modified":"2026-04-16T15:39:39","modified_gmt":"2026-04-16T05:39:39","slug":"catholic-church-bid-rejected-by-supreme-court","status":"publish","type":"post","link":"https:\/\/kelsolawyers.com\/au\/catholic-church-bid-rejected-by-supreme-court\/","title":{"rendered":"Catholic Church\u2019s bid to stop child sexual abuse case has been rejected by the NSW Supreme Court"},"content":{"rendered":"

The NSW Supreme Court has rejected the Catholic Church\u2019s request for a permanent stay of proceedings relating to a child sexual abuse case.<\/span><\/p>\n

The allegations were raised by a woman who <\/span>claims she was sexually assaulted at the Lismore Diocese in 1968<\/span><\/a>. She was just 14-years-old at the time.\u00a0<\/span><\/p>\n

Church documents obtained by the woman\u2019s lawyers show <\/span>a priest’s superiors recognised he had a \u201csexual interest in children\u201d<\/span><\/a> which he was prepared to act on as early as 1965. The church also has records of complaints from the parents of other children.<\/span><\/p>\n

The priest was temporarily suspended from his office to undergo psychiatric treatment.<\/span><\/p>\n

The court heard that the church allowed the priest to continue accessing children, moving him from parish to parish whenever a complaint was made. The Archbishop of Brisbane\u2019s office was warned about he priest by the parish priest of Kyogle, Monsignor Ryan, who <\/span>claims he witnessed the priest assaulting a boy<\/span><\/a>.<\/span><\/p>\n

\u201cThese conclusions I reached from observation of him handling boys in the school playground and in his car,\u201d he wrote to the office.<\/span><\/i><\/p>\n

\u201cFrom the upper floor of the Presbytery, I saw him on one occasion with a boy spreadeagled under him over the car bonnet, performing what seemed to be sexual movements upon the boy.\u201d<\/span><\/i><\/p><\/blockquote>\n

Monsignor Ryan was also approached by a father who <\/span>claimed the priest had abused his son along with six other children<\/span><\/a>. The Monsignor stood the priest down only to find out he was appointed to a parish in Macksville.\u00a0<\/span><\/p>\n

In relation to the woman\u2019s case, the Catholic Church argued it was not possible to have a fair trial and the case was <\/span>\u201cunjustifiably oppressive\u201d<\/span><\/a> due to the passage of time and the death of the priest, as well as any clergy who knew about his behaviour.\u00a0<\/span><\/p>\n

The court, however, said the evidence \u201camply demonstrates that the priest\u2019s misconduct was well-known to his superiors well before the event relied upon by the plaintiff\u201d.\u00a0<\/span><\/p>\n

Justice Stephen Campbell also found that the church has not done enough to prove the \u201cexceptional\u201d circumstances required for a permanent stay of proceedings.<\/span><\/p>\n

\u201cA trial of the issues in this case would be no mere charade calculated to bring the administration of justice into disrepute amongst right-thinking people,\u201d he said.<\/span><\/i><\/p>\n

\u201cChild abuse actions should be permitted to proceed despite the effluxion of even long periods of time and an inevitable resulting degree of the impoverishment of evidence, provided a fair, not perfect, the trial can be had.\u201d<\/span><\/i><\/p><\/blockquote>\n

The woman\u2019s lawyers have presented evidence from five other victims who claim they were abused by the priest. Four of those children were from Macksville. The victims were coached by the priest or were taken out shooting or surfing with him.\u00a0<\/span><\/p>\n

French Catholic Church has had an estimated 3,000 paedophile priests since the 1950s\u00a0<\/strong><\/h2>\n

\"church<\/p>\n

Image: <\/span>Pexels<\/span><\/a><\/p>\n

Jean-Marc Sauve, the head of the commission investigating the French Catholic Church, claims<\/span> the Church has had approximately 3,000 paedophile priests<\/span><\/a> in its ranks over the last 70 years.<\/span><\/p>\n

“We have estimated the number (of paedophiles) as standing at 3,000, out of 115,000 priests and religious officials, going back to the 1950s,” said Mr Sauve.\u00a0<\/span><\/i><\/p><\/blockquote>\n

The estimate comes from a two-year investigation into allegations of abuse. The full report is set to be released in early October.\u00a0<\/span><\/p>\n

French Catholic Bishops’ Conference has refused to comment on the commissioner\u2019s statement. The Vatican, on the other hand, said it would wait for the full report to be published before deciding on whether to comment.<\/span><\/p>\n

However, in June 2010, Pope Francis said <\/span>the Catholic Church\u2019s worldwide sexual abuse crisis was a \u201ccatastrophe\u201d<\/span><\/a>.\u00a0<\/span><\/p>\n

Since his election in 2013, Pope Francis has taken steps to wipe out child sexual abuse within the Catholic Church. In 2019, the Pope issues a decree <\/span>making bishops accountable for sexual abuse or covering it up<\/span><\/a>, requiring clerics to report any cases to Church superiors. The landmark decree also allowed people to make complaints to the Vatican directly.\u00a0<\/span><\/p>\n

In 2021, the Pope also issued a revision to Catholic Church law<\/span> insisting that bishops take action against clerics who abuse minors and vulnerable adults<\/span><\/a>.\u00a0<\/span><\/p>\n

Critics say Pope Francis has not done enough as faith in the French Catholic Church dwindles.<\/span><\/p>\n

New Norcia victims call for their damages claims to be fast-tracked\u00a0<\/strong><\/h2>\n

\"survivor<\/p>\n

Image: <\/span>ABC News<\/span><\/a><\/p>\n

Survivors of child sexual abuse at Australia\u2019s only monastic town, New Norcia, are calling for their compensation cases to be fast-tracked, fearing they will die before they receive an outcome.\u00a0<\/span><\/p>\n

Kevin Barron grew up in New Norcia\u2019s boys\u2019 orphanage and kept his experience of sexual abuse quiet for decades. He was 12-years-old when native welfare officers removed him and his sisters from their father\u2019s care at a Walebing farm.<\/span><\/p>\n

“We were made wards of the state but the state did not give a damn about us,” Kevin said.<\/span><\/i><\/p>\n

“We were treated just like animals in this place.”<\/span><\/i><\/p><\/blockquote>\n

Kevin was <\/span>sexually assaulted on multiple occasions<\/span><\/a> by the monks. One of the monks threatened Kevin \u2014 if he told anyone about the abuse, he would <\/span>abuse his two sisters at the girls\u2019 orphanage nearby<\/span><\/a>.\u00a0<\/span><\/p>\n

The boys were often beaten and <\/span>forced to urinate in a bucket in their dormitory<\/span><\/a> that often overflowed overnight. Next door to their sleeping quarters slept \u201cthe devil himself\u201d (i.e. Kevin\u2019s abuser) who would grab the boys by the shoulders as they were walking back to their rooms.<\/span><\/p>\n

During the Royal Commission, it was found that 33 alleged perpetrators had claims against them relating to child sexual abuse at New Norcia.<\/span><\/p>\n

Now 75-years-old, Kevin has gone public with his story to expose the \u201ctorturously long\u201d legal process victims are facing in their plight to achieve justice. He decided against applying for compensation through the National Redress Scheme and is attempting to sue through the courts.<\/span><\/p>\n

“My concern is that I’m getting older and I’d like to have a bit of quality of life,” Kevin said.<\/span><\/i><\/p>\n

“They can sell a couple of paintings in the Vatican and it’ll pay for all of us.”<\/span><\/i><\/p><\/blockquote>\n

Kevin says the <\/span>average redress payment of $85,000 is \u201ca pittance\u201d<\/span><\/a> compared to the life-long psychological damage survivors carry with them after childhood sexual abuse.\u00a0<\/span><\/p>\n

In 2018, the West Australian parliament lifted time restrictions that prevented survivors from taking action for historical offences. This triggered Kevin to take action and sue for damages after he signed a \u201cdeed of release\u201d and accepted a $30,000 payout from the Benedictine community in 2013.\u00a0<\/span><\/p>\n

If his civil claim is successful, Kevin says he would like “to leave some finance behind for my two girls and one son so they can have a good start, and I’d like to buy some things that I’ve never had in my life before.”<\/span><\/p>\n

Melbourne Diocese of the Anglican Church received $16m in JobKeeper in 2020\u00a0<\/strong><\/h2>\n

\"bible<\/p>\n

Image: <\/span>Pexels<\/span><\/a><\/p>\n

The Melbourne Diocese of the Anglican Church received almost <\/span>$16m in JobKeeper subsidies in 2020<\/span><\/a>, enough to clear the Diocese\u2019s sexual abuse compensation bill of $14.3m from 126 claimants.\u00a0<\/span><\/p>\n

Accounts show revenue at the Melbourne Anglican Trust Corporation (MATC) that employs church workers fell in lockdown last year. MATC earns revenue by charging parishes for the cost of employment but during the lockdown, <\/span>MATC slashed its charges by 30%<\/span><\/a> after receiving estimates from parishes of their potential fall in revenue.<\/span><\/p>\n

As a result, MATC\u2019s income fell from $48.2m in 2019 to $35.4m in 2020. This triggered the Diocese\u2019 eligibility for JobKeeper for charities and churches.<\/span><\/p>\n

According to Justin Lachal, the general manager of the Melbourne Anglican Diocesan Corporation (MADC), JobKeeper allowed parishes to \u201c<\/span>maintain employment at similar levels to prior to the pandemic<\/span><\/a>\u201d.\u00a0<\/span><\/p>\n

\u201cEvery dollar the diocese received from the government under the JobKeeper scheme was passed on to employees who qualified for the support in the same way other Australian workers did,\u201d Mr Lachal said.<\/span><\/i><\/p>\n

\u201cNo money was deducted for any reason including the paying of redress. The diocese is funding redress payments from a separate church budget and the taxpayer is not subsidising church redress.\u201d<\/span><\/i><\/p><\/blockquote>\n

Rugby Australia executive charged with possession of child abuse material<\/strong><\/h2>\n

\"rugby<\/p>\n

Image: <\/span>Unsplash<\/span><\/a><\/p>\n

A Rugby Australia executive has been <\/span>charged with four offences relating to the possession of child abuse material<\/span><\/a>.\u00a0<\/span><\/p>\n

The AFP raided the exec’s Surry Hills home in mid-September where his phone and laptop were seized. It is alleged that he <\/span>paid an overseas party to produce child abuse material<\/span><\/a> and the instant messaging conversations on his phone described the abuse of children.\u00a0<\/span><\/p>\n

Child abuse material was also found on his devices<\/span><\/p>\n

He was arrested in connection to Operation Arkstone, an AFP initiative targeting a network of alleged offenders sharing child abuse material online. More than 20 individuals have been arrested and <\/span>55 Australian child victims have been removed from harm<\/span><\/a> under Operation Arkstone.\u00a0<\/span><\/p>\n

The executive has been charged with using a carriage service to solicit and access child abuse material, possessing or controlling child abuse material and causing child abuse material to be transmitted using a carriage service.<\/span><\/p>\n

His was refused bail and is due to appear in court on November 10th. If convicted, he will face a maximum prison term of 15 years per offence.\u00a0<\/span><\/p>\n

A spokesperson for Rugby Australia has confirmed that his employment has been terminated effective immediately.\u00a0<\/span><\/p>\n

AFP detective sergeant, Joel Wheeler, said <\/span>the conversations and content about child abuse online are \u201chorrifically overwhelming\u201d<\/span><\/a>.\u00a0<\/span><\/p>\n

\u201cAFP child protection officers and digital forensic specialists examine every conversation, video and image identified during a search warrant to find the child being abused and stop not only their direct abusers but the other child sex offenders that fund this industry and help people profit from the atrocious end result.\u201d<\/span><\/i><\/p><\/blockquote>\n

Get the justice you deserve with Kelso Lawyers. We want to hear your story. Call (02) 4907 4200 or <\/b>complete the online form<\/b><\/a> before you accept payment from the <\/b>National Redress Scheme.<\/b><\/a><\/h2>\n

Image: Northern Beaches Review<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The NSW Supreme Court has rejected the Catholic Church\u2019s request for a permanent stay of proceedings relating to a child sexual abuse case. The allegations were raised by a woman who claims she was sexually assaulted at the Lismore Diocese in 1968. She was just 14-years-old at the time.\u00a0 Church documents obtained by the woman\u2019s […]<\/p>\n","protected":false},"author":30,"featured_media":9823,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"footnotes":""},"categories":[8],"tags":[],"class_list":["post-9818","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCatholic Church\u2019s Bid To Stop Child Abuse Case Rejected<\/title>\n<meta name=\"description\" content=\"The NSW Supreme Court has rejected the Catholic Church\u2019s bid to stop a child sexual abuse case. 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