Two survivors of alleged child sexual abuse win High Court battle to claim damages

Two survivors of alleged child abuse have won their High Court battle to sue those who placed them in care in the 1950s and 1960s.

These include a woman who plans to sue the Queensland government over abuse she allegedly suffered, and a man who says he was abused at the Salvation Army’s Nedlands boys’ home in Western Australia.

Their claims were blocked by permanent suspension of court rulings that found that a fair trial could not take place because the alleged perpetrators and many witnesses were dead.

Wednesday’s ruling cleared the way for future legal action by the couple.

The case was stuck for decades

One of the survivors is suing the Queensland government over abuse she allegedly suffered while in foster care at several homes, including the girls’ dormitory at the infamous Cherbourg Aboriginal mission.

The woman filed a case seeking damages for negligence based on psychiatric injuries resulting from alleged sexual and serious physical abuse while in the custody of the state.

Her case was stalled for decades due to a statute of limitations, but that was lifted in 2017, clearing the way for a claim.

But the case was thwarted by a court order that permanently stayed the claim because most of those involved, including the alleged perpetrators and witnesses, are now dead.

The Queensland courts ruled that a fair trial could not take place.

In a similar case, a man who claims he was sexually abused at the Salvation Army boys’ home in Nedlands was also barred from seeking compensation with a permanent suspension of his case.

He has alleged sexual abuse by Lt. Frank Swift.

The man said the Salvation Army real estate trust, which he sued, is vicariously liable for the damages he suffered.

In his case too, the alleged perpetrator and many witnesses have died.

Both asked the Supreme Court to overturn the stay of their cases so they could seek damages.

Lismore decision a precedent

A similar decision was made by the Supreme Court late last year.

The case was known as GLJ, named after the woman who took over the leadership of the Roman Catholic Church for the Diocese of Lismore.

GLJ was born in Lismore into a Catholic family.

She alleged the abuse occurred when Father Clarence Anderson came to her home to provide pastoral care after her father was injured in an accident.

She was 14 years old.

It took fifty years before she decided to take the case to court, but the way was blocked by a permanent stay on the grounds that Father Anderson and most of the witnesses had died.

But last year, by a narrow majority, the Supreme Court said it was not convinced permanent residency was justified and overturned the Court of Appeal ruling, allowing GLJ to proceed with its case.