Australia - Catholic Church attempted to revive outlawed 'Ellis defence' in sexual abuse case
The Catholic Church attempted to reopen a highly controversial legal loophole that stopped it being sued by victims of sexual abuse for millions of dollars in damages, an ABC investigation can reveal.
The "Ellis defence" was a legal loophole that held the church could not be sued because it did not exist as a legal entity.
The Victorian government closed this loophole in 2018 after it was condemned by the child sexual abuse royal commission.
Now, the Catholic Church has to nominate a person to act as a representative when sued, and in Melbourne, that person is Archbishop Peter Comensoli.
The Victorian Supreme Court rejected the church's argument, which the alleged abuse victim's lawyers described as a "distorted construction" of the legislation.
The case is among a four-fold rise in historical abuse cases against Archbishop Comensoli as representative of the church over the past six years.
The ABC can reveal that previously unpublished data shows at least 84 people are currently suing over alleged sexual abuse by priests or other church officials.
But the ability of many victims to sue for compensation has been thrown into doubt after the church in November won a key High Court victory, Bird v DP.
In that case, the court ruled churches cannot always be held liable for the actions of priests because they are not employees.
This new loophole has yet to be closed, despite government pledges to do so.
Advocates say the delay in bringing in new legislation to address the Bird decision is further traumatising victims.
Cases against Archbishop Comensoli make up around 10 per cent of the number of institutional abuse cases filed since 2018, when the Victorian government passed a law forcing religious institutions to nominate a "proper defendant".
As a result of the new law — the Legal Identity Act — institutional sex abuse cases filed against churches, schools, sporting clubs and other community organisations have also exploded four-fold, rising from 125 in 2018-19 to 504 last financial year.
https://www.abc.net.au/news/2025-09-06/c.../105731360
Judge confirms $246M sex abuse settlement against Catholic Diocese of Rochester
ROCHESTER, N.Y. — A judge on Friday signed the confirmation for the sex abuse settlement against the Catholic Diocese of Rochester. It totals $246 million.
Lawyers say the 475 survivors will start getting checks in the mail within 4 to 5 months. This ends the six-year bankruptcy case against the Diocese of Rochester. It comes after hundreds of survivors unanimously voted to accept the settlement.
https://www.whec.com/top-news/judge-conf...rochester/
The Catholic Church attempted to reopen a highly controversial legal loophole that stopped it being sued by victims of sexual abuse for millions of dollars in damages, an ABC investigation can reveal.
The "Ellis defence" was a legal loophole that held the church could not be sued because it did not exist as a legal entity.
The Victorian government closed this loophole in 2018 after it was condemned by the child sexual abuse royal commission.
Now, the Catholic Church has to nominate a person to act as a representative when sued, and in Melbourne, that person is Archbishop Peter Comensoli.
The Victorian Supreme Court rejected the church's argument, which the alleged abuse victim's lawyers described as a "distorted construction" of the legislation.
The case is among a four-fold rise in historical abuse cases against Archbishop Comensoli as representative of the church over the past six years.
The ABC can reveal that previously unpublished data shows at least 84 people are currently suing over alleged sexual abuse by priests or other church officials.
But the ability of many victims to sue for compensation has been thrown into doubt after the church in November won a key High Court victory, Bird v DP.
In that case, the court ruled churches cannot always be held liable for the actions of priests because they are not employees.
This new loophole has yet to be closed, despite government pledges to do so.
Advocates say the delay in bringing in new legislation to address the Bird decision is further traumatising victims.
Cases against Archbishop Comensoli make up around 10 per cent of the number of institutional abuse cases filed since 2018, when the Victorian government passed a law forcing religious institutions to nominate a "proper defendant".
As a result of the new law — the Legal Identity Act — institutional sex abuse cases filed against churches, schools, sporting clubs and other community organisations have also exploded four-fold, rising from 125 in 2018-19 to 504 last financial year.
https://www.abc.net.au/news/2025-09-06/c.../105731360
Judge confirms $246M sex abuse settlement against Catholic Diocese of Rochester
ROCHESTER, N.Y. — A judge on Friday signed the confirmation for the sex abuse settlement against the Catholic Diocese of Rochester. It totals $246 million.
Lawyers say the 475 survivors will start getting checks in the mail within 4 to 5 months. This ends the six-year bankruptcy case against the Diocese of Rochester. It comes after hundreds of survivors unanimously voted to accept the settlement.
https://www.whec.com/top-news/judge-conf...rochester/
teachings of the Bible are so muddled and self-contradictory that it was possible for Christians to happily burn heretics alive for five long centuries. It was even possible for the most venerated patriarchs of the Church, like St. Augustine and St. Thomas Aquinas, to conclude that heretics should be tortured (Augustine) or killed outright (Aquinas). Martin Luther and John Calvin advocated the wholesale murder of heretics, apostates, Jews, and witches. - Sam Harris, "Letter To A Christian Nation"
