RCs must be so proud that their institution is all talk no action. It is using a defence which Pell was behind to avoid payouts to victims. It is discussing becasue Pell knew that Ellis had been abused but pushed the RC lawyers to do everything in their power to destroy Ellis. After the Royal Commission he even apologised to Ellis. But RCs apologies are worthless.
The Ellis defence emerged out of a 2007 NSW Court of Appeal judgment that prevented an abuse survivor suing the Church because it was not a legal entity.
Survivors have long complained about the Church using the Ellis defence, and in 2018 the Victorian Parliament passed legislation that required unincorporated associations like the church to nominate an entity that is capble of being sued.
But lawyers for the Archdiocese argued that legislation did not apply in this case because the father of the choirboy was not the primary victim of the alleged abuse.
The father's barrister, Julian Burnside QC, disagreed, arguing the 2018 legislation applied to both primary victims and their families.
"What our learned friends' submission amounts to is this: if the victim of child abuse dies then the family has no remedy, they have no-one they can sue," Mr Burnside said.
"Now that's plainly wrong in our submission."
Justice Michael McDonald has reserved his decision on whether to excuse the Archdiocese.
The Ellis defence emerged out of a 2007 NSW Court of Appeal judgment that prevented an abuse survivor suing the Church because it was not a legal entity.
Survivors have long complained about the Church using the Ellis defence, and in 2018 the Victorian Parliament passed legislation that required unincorporated associations like the church to nominate an entity that is capble of being sued.
But lawyers for the Archdiocese argued that legislation did not apply in this case because the father of the choirboy was not the primary victim of the alleged abuse.
The father's barrister, Julian Burnside QC, disagreed, arguing the 2018 legislation applied to both primary victims and their families.
"What our learned friends' submission amounts to is this: if the victim of child abuse dies then the family has no remedy, they have no-one they can sue," Mr Burnside said.
"Now that's plainly wrong in our submission."
Justice Michael McDonald has reserved his decision on whether to excuse the Archdiocese.
