Attorney general Michael Daley requests urgent briefing on high court’s damning judgment on use of permanent stays
The New South Wales attorney general, Michael Daley, has ordered an urgent briefing on the landmark high court decision over the Catholic church’s tactics in abuse cases.
The high court on Wednesday delivered a damning judgment against the church over its use of permanent stays to permanently halt survivors’ claims, finding that such a measure should only be used as a last resort.
The church and other powerful institutions have been using stays routinely where perpetrators have died, or where other witnesses or documentary evidence do not exist, allowing it to defeat active claims before courts or low-ball survivors during settlement negotiations.
The tactic effectively uses a survivor’s delay in coming forward to defeat their claim, an approach criticised as immoral, given the church’s own role in delaying justice and the vast barriers that complainants…
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