High Court to decide on setting aside settlement deeds in abuse claims

The High Court of Australia recently granted special leave to hear an appeal from the Victorian Court of Appeal in the matter of Trustees of the Christian Brothers v DZY (a pseudonym) [2024] VSCA 73.

The matter was initially heard by the Victorian Supreme Court (DZY (a pseudonym) v Trustees of the Christian Brothers [2023] VSC 124) and the judge in that case set aside the settlement deeds in their entirety.

The Trustees of the Christian Brothers appealed to the Victorian Court of Appeal. The Court of Appeal set aside the original judge’s decision and made the following additional order:

Pursuant to s 27QE(1)(a) of the Limitation of Actions Act 1958:

(a) the deed of release between the respondent, the applicant and Brother Vincent Duggan dated 14 December 2012 be set aside only in part, such that the respondent be permitted to bring his claim for damages as framed at the time of that deed, that is a claim for loss and damage excluding any economic loss; and

(b) the deed of release between the respondent, the applicant and Brother Peter Clinch dated 9 December 2015 be set aside only in part, such that the respondent be permitted to bring his claim for damages as framed at the time of that deed, that is a claim for loss and damage excluding any economic loss.

Essentially, the order of the Court of Appeal meant that the plaintiff would not be permitted to bring a claim for economic loss against the Trustees of the Christian Brothers.

We will provide a further update following the publication of the judgment of the High Court.

 

This article was prepared with the assistance of Sarah Hayman.