Today's decision in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore has overturned the ruling that the Church is able to use so-called "permanent stays" to block survivors of abuse from seeking compensation.
Now that the High Court has rebalanced the law to protect survivors, there is an urgent need for national law reform so that cases which have been unjustly stayed before today can recommence. This is what happened when the Parliament changed the law to remove statute of limitation restrictions following the Royal Commission.
Greens Senator for NSW and Justice Spokesperson David Shoebridge said:
"This is an important win for survivors who have increasingly been facing bully boy tactics from ruthless institutions seeking to avoid accountability.
"Institutions that have protected paedophile priests for years should not be able to use this as a reason to not face survivors in court.
"It's now time to unfreeze all cases where survivors of abuse are affected by unfair and oppressive permanent stays.
"We now need urgent reforms to the law to overturn past permanent stays so survivors can have their day in court. Justice can't wait any longer." Senator Shoebridge said.
Sue Higginson Greens State MP and Spokesperson for Justice said:
"This is a good and just outcome and some survivors are breathing a deep sigh of relief. The work to achieve substantive justice must now begin for all of those survivors who have been denied justice, including those who have been forced into compromised settlements because of the Catholic Churches abuse of this legal power.
"I will do all I can in NSW to this end" Ms Higginson said.
