Child sex abuse survivors to sue churches under NSW reforms

NEW SOUTH WALES (AUSTRALIA)
The New Daily

June 10, 2018

Thousands of child sex abuse survivors will be able to sue churches and other institutions under reforms to New South Wales civil litigation laws.

The legal loophole known as the ‘Ellis defence’ will be closed under the reforms, Attorney General Mark Speakman announced on Sunday.

Former altar boy and abuse survivor John Ellis tried to sue the Catholic Church in 2006, but the church successfully argued it didn’t legally exist as its assets were held in a trust protected from legal action.

Under the reforms, courts will have the power to appoint trustees to be sued if institutions fail to nominate an entity with assets as a proper defendant.

The overhaul follows recommendations from the Royal Commission into Institutional Responses to Child Sex Abuse.

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