Monday, 18 May 2015

Catholic Church Continuing To Utilise the Ellis Defence

Catholic Church lawyers have apparently decided that the Church should still use the Ellis defence. The Ellis defence is based on a 2007 NSW Court of Appeal decision.  This decision found that the Church could not be sued for compensation as it does not constitute a legal entity.This was always a scurrilous argument intended to save the Catholic Church money regardless of the damage to its reputation.
Nothing has changed other than some senior clerics see this defence for what it is which is completely antithetical to Catholic ideas of social justice and honesty.  On the eve of the Royal Commission into Institutional Child Abuse starting a three week hearing into decades of abuse in the Catholic diocese of Ballarat this decision, if it stands, is an insult to the victims of the paedophile ring in Ballarat and victims everywhere.

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