A Critical Examination of GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore
The Intersection of Justice and Time
In the landmark case of GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32, The High Court of Australia delved into the intricate balance between the pursuit of justice for historical abuse survivors and the inherent challenges of adjudicating claims from the distant past. This case, determined on November 1, 2023, highlights the complex interplay between legal principles and the quest for justice in cases where the passage of time significantly impacts the availability of evidence and the feasibility of a fair trial.
The Case at a Glance
The appellant, GLJ, brought a claim for damages against the Diocese of Lismore, alleging personal injury as the result of a sexual assault perpetrated by a priest in 1968 when she was just 14 years old. This civil claim was lodged 52 years after the alleged offences; a situation made possible by the abolition of the limitation period for claims resulting from historical child sexual abuse pursuant to s 6A of the Limitation Act 1969 (NSW).
Legal Challenges and Considerations
The case raised pivotal questions about the fairness of proceeding with a trial given the amount of time which had passed since the alleged assault and the intervening death of the alleged perpetrator and other key witnesses. The court was tasked with determining whether such a delay constituted an “exceptional circumstance” that would render any trial “necessarily unfair” and thus an abuse of process warranting a permanent stay of proceedings.
The High Court’s Ruling
The High Court, led by Chief Justice Kiefel and Justices Gageler and Jagot, upheld the “correctness standard” for appellate review in abuse of process cases, emphasising that a trial’s fairness must be assessed without the necessity to identify an error of principle in the lower court’s discretion. The court decisively rejected the Church’s contention that a trial would be “inherently unfair” due to the elapsed time and the absence of key witnesses, underscoring the importance of allowing such cases to proceed to trial, especially in the context of the revised legal landscape post the Limitation Amendment (Child Abuse) Act 2016 (NSW).
Implications for Future Legal Practice
This case underscores the judiciary’s commitment to facilitating access to justice for survivors of historical abuse while navigating the inherent challenges posed by lengthy delays in the commencement of court proceedings. It sets a binding precedent for the evaluation of fairness and abuse of process in similar cases, emphasising the need for exceptional circumstances to justify any permanent stay of proceedings.
Conclusion: A Path Forward
The High Court’s ruling in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore not only reaffirms the rights of survivors to seek redress but also clarifies the legal standards applicable to historical child sexual abuse claims. This case marks a significant step in the ongoing effort to balance the scales of justice, ensuring that the adversarial system remains a viable avenue for those seeking to confront abuses from the past.
This is an important victory for all survivors and their families.
DISCLAIMER
This article reflects the current law at the time of publication. It is intended for informational purposes only and does not constitute legal advice. The actual decisions in each case are summarised for general understanding. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.
