VICTORIA (AUSTRALIA)
The Guardian
March 5, 2018
By Melissa Davey
Legislation to facilitate compensation claims widely expected to pass
Victoria has introduced a bill that would make it the first jurisdiction in Australia to abolish a legal defence used by churches to prevent child sexual abuse victims from targeting their assets in compensation claims.
Known as “the Ellis defence”, it is based on a 2007 court case brought by abuse survivor John Ellis against the Catholic church. The New South Wales court of appeal found church assets could not be targeted by Ellis in pursuing compensation for the crimes he endured within the church, because church trustees could not be held to account for the crimes of individuals.
Associate Prof Elizabeth Curran from the Australian National University’s school of law said the Ellis defence “has been used by the church to obfuscate, and to avoid accountability”.
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