Call for urgent reform after High Court ruling blocks claims from 100s of abuse survivors

Thousands of historic child abuse claims against churches, schools, volunteer groups and sporting bodies are at a “dead end” following a landmark High Court ruling limiting legal liability, lawyers warn.

Federal and state attorneys-general are considering legal changes to protect victims after the shock Bird v DP ruling last November limited the rights of victims to sue perpetrators such as priests, Scout masters, volunteers, sporting coaches and other non-employees.

The ruling holds that institutions cannot be held liable for sexual abuse if the offending priest or member of the religious order is not in an employment relationship

The case involved Paul Bird, the current bishop of the Diocese of Ballarat in Victoria who successfully argued priests are not employees of the church.

Kim Price, who specialises in sexual abuse compensation claims at Arnold Thomas & Becker, said the ruling “has had significant implications for survivors of childhood abuse”.

“The situation is now urgent as countless survivors are being forced to choose between either running legally compromised trials or accepting reduced offers of settlement,” he said.

It’s estimated that a third of current survivor claims are impacted by the decision.

Read more at The Herald Sun.

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