The Catholic Church's bid to block a legal ruling that would allow the father of a choirboy allegedly sexually abused by Cardinal George Pell to sue for damages has been knocked down at the first hurdle.
The father, who cannot be named, filed a claim against the Catholic Archdiocese of Melbourne and Cardinal Pell.
He claims to have suffered nervous shock after learning of allegations the cardinal sexually abused his now-deceased son in the mid-1990s.
Cardinal Pell, who maintained his innocence until his death in January, had five convictions for abusing the man's son and another boy overturned by the High Court in 2020.
The Catholic Church sought to be excused from proceedings, using a since-overturned defence arguing the father could not sue because he was not the direct victim of the alleged abuse.
But when Supreme Court Justice Michael McDonald ruled in August 2022 that claims for secondary victims, including the boy's father, were allowed, the Archdiocese immediately appealed.
They were required to seek leave from the Court of Appeal to challenge that decision, and that leave was knocked back on Friday.
The appeal judges found no reference in legislation to any particular individual or category of individual who could be plaintiffs, noting no apparent limitations for child abuse plaintiffs, primary victims or survivors.
They said parliament could have easily taken steps to narrow the scope of the law, and the failure to do so suggests there was no intention to do so.
They also noted Justice McDonald's construction of the law was consistent with the purpose of the act, to overcome perceived unfairness of the Ellis defence, which limited the church's liability.
“There is no sound reason why parliament would address this issue for one group of plaintiffs - those who had suffered abuse - but not others - those who suffered mental harm as a result of the abuse of their children,” they said.
The father, known as RWQ in court documents, has claimed the Catholic Church was vicariously liable for his son's alleged abuse at St Patrick's Cathedral when he was 13.
He says he suffered financial loss because of medical expenses and a loss of earning capacity because of his suffering from several psychological conditions.
In a statement, his solicitor Gabrielle Verhagen accused the church of trying to exploit a legal loophole.
She said that after royal commission findings into child sexual abuse, the church should be doing everything in its power to compensate victims and survivors, rather than washing its hands of responsibility.
“When a child is sexually abused, their whole family suffers the consequences as they grapple with things like new family dynamics, changed behaviours, substance abuse and a life derailed as a result of this life-altering crime,” Ms Verhagen said.
The court’s judgment is a significant outcome for relatives who suffer psychological trauma as a result, she said.
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