Nowhere to Hide: How Discovery brought Justice to Child Sexual Abuse Victims of Father Patrick Cusack

Introduction

A recent decision by Associate Justice McWilliam in the ACT Supreme Court, Stephens v Trustees of the Roman Catholic Church for the Archdioceses of Canberra and Goulburn [2023] ACTSC 88, highlights the importance of discovery in the pursuit of justice for survivors of historical child sexual abuse. In this case, a man sought damages from the Roman Catholic Church for alleged sexual abuse by Father Patrick Cusack between 1973 and 1975. The church denied these allegations and its liability for the conduct. This blog post will delve into the importance of discovery in such cases and the implications of the court’s decision.

The Importance of Discovery

Discovery is a crucial aspect of civil litigation, allowing parties to obtain relevant documents and evidence to support their claims or defenses. In cases involving historical child sexual abuse, discovery can be particularly important in uncovering crucial information about alleged perpetrators and institutional responses to such allegations.

In Stephens v Trustees of the Roman Catholic Church, the plaintiff argued that the evidence obtained through discovery could help prove the alleged abuse and the duty of care breached by the diocese. This highlights the importance of discovery in ensuring that survivors of historical child sexual abuse have the necessary evidence to support their claims and achieve justice.

The Court’s Decision

Associate Justice McWilliam ordered the church to make available any complaint or report of sexual abuse committed or alleged to have been committed by Father Cusack up to his death in August 1977. The judge found that the category of documents requested by the man related both directly and indirectly to a personal injury negligence claim. This decision demonstrates the court’s willingness to order further discovery when it is deemed necessary for fairly disposing of a proceeding.

Implications of the Decision

The decision in Stephens v Trustees of the Roman Catholic Church emphasizes the importance of discovery in cases involving historical child sexual abuse. By ordering further discovery, the court acknowledged the significance of obtaining relevant documents and evidence to support the plaintiff’s claims.

This decision may have broader implications for other cases involving historical child sexual abuse, signaling that courts are willing to ensure that survivors have access to the necessary evidence to support their claims. It also serves as a reminder to institutions that they have a responsibility to be transparent and forthcoming with information about past misconduct, particularly in cases involving the sexual abuse of children.

Conclusion

The ACT Supreme Court’s decision in Stephens v Trustees of the Roman Catholic Church highlights the significance of discovery in the pursuit of justice for survivors of historical child sexual abuse. This case underscores the importance of providing survivors with the necessary evidence to support their claims and demonstrates the court’s commitment to ensuring a fair and just resolution of such cases. As more survivors come forward with their stories, it is crucial that courts continue to prioritize the discovery process in order to hold perpetrators and institutions accountable for their actions.

At Chamberlains we help survivors navigate through the complexities of the litigation process. In circumstances where the Church is withholding information relevant to a potential claim, please contact our Abuse Compensation Claims team for further assistance .