Ballarat survivors who suffered abuse in Catholic Church-run institutions have applauded the end of the Ellis defence following the passing of new laws on Friday, quashing the infamous loophole.
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The Victorian Premier Daniel Andrews, speaking in Ballarat on Friday, said the passing of the Legal Identity of Defendants (Organisational Child Abuse) Bill 2018 quashed the legal technicality and will prevent unincorporated organisations from relying upon the ‘Ellis defence’ to avoid civil lawsuits.
The quashing of the legal technicality that had previously prevented child abuse survivors from suing some organisations was “an important step for survivors, particularly in the Ballarat community,” Mr Andrews said.
“The notion that anyone could hide behind elaborate, corporate structures to avoid their fundamental obligation and duty to do the right thing has offended and angered so many people. We’ve put that right and I am very pleased those laws passed in Parliament,” he said. “We are in awe of their dignity and grace and the bravery they have shown.”
Ballarat clergy abuse survivors Phil Nagle and Tony Wardley agree it is “very good news.”
“The Catholic Church should be held accountable, just like any other organisation. There should never have been a loophole like that in the first place,” Mr Nagle said.
Survivor Andrew Collins also said he was “heartened “. “The Church has and did use this defence and we cannot rely on institutions to do the right thing.
”What became known as the ‘Ellis defence’ resulted from a 2007 New South Wales Court of Appeal decision that ruled unincorporated organisations, using Trusts to conduct their activities were not legal entities, and could not be sued. Ballarat lawyer Ingrid Irwin said, “This is a real coup for victims and the timing is of critical importance to victims who are deciding on their legal options. It is a serious decision to sign a deed of release and they need specialised legal advice before doing so.
“Now that organisations are forced to nominate a legal entity to sue, victims finally have a real choice between capped redress or a civil action in the courts, “ she said.
“This is a real coup for victims and the timing is of critical importance to victims who are deciding on their legal options. Its a serious decision to sign a deed of release and they need specialised legal advice before doing so. Now that organisations are forced to nominate a legal entity to sue, victims finally have a real choice between capped redress or a civil action in the courts.”
