Victoria, Australia:Survivors of sexual abuse to be able to sue churches

by AndersonsInfo 15 Replies latest watchtower child-abuse

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  AndersonsInfo

  http://www.abc.net.au/news/2018-02-24/survivors-of-sexual-abuse-to-be-able-to-sue-churches/9481000

  Sexual abuse survivors in Victoria to be able to sue churches as Government moves to end 'Ellis defence'

  Updated about 2 hours ago

  PHOTO: Churches cannot currently be sued because their assets are protected. (Flickr: Greg Westfall)

  RELATED STORY: The advocates and agitators who fought for child abuse survivors

  Survivors of sexual abuse will soon be able to sue churches in Victoria, as the State Government moves to close a legal loophole.

  Currently, laws in the state prevent victims from being able to take legal action against some non-incorporated organisations, like churches.

  Attorney-General Martin Pakula said the new legislation was in response to a key recommendation from the Royal Commission into Institutional Responses to Child Sexual Abuse.

  A bill will be introduced into State Parliament in the first half of the year, he said.

  "We're developing legislation to overcome the so-called Ellis defence, in response to key recommendations of the Betrayal of Trust report and the Royal Commission into Institutional Responses to Child Sexual Abuse," Mr Pakula said in a statement.

  "The Ellis defence has prevented victims from being able to sue some non-incorporated organisations on a technicality."

  "Since October we have been consulting closely with victim survivor groups, the courts, the legal profession and religious bodies and we intend to introduce legislation in Parliament in the first half of this year."

  PHOTO: Abuse survivor John Ellis lost his legal case against the Catholic Church a decade ago. (News Video)

  The 'Ellis defence' refers to a 2007 legal case brought against the Catholic Church by John Ellis, a survivor of child sexual abuse.

  A lawyer, Mr Ellis tried to sue the church for damages, but the case was dismissed after the court found the church did not legally exist because its assets were held in a trust that was protected from legal action.

  Andrew Morrison SC, who represented Mr Ellis in court a decade ago, said the loophole could have been closed earlier.

  "This is something which isn't a surprise. The only thing that's perhaps a little surprising is that it's taken so long for the recommendation to come forward in terms of legislation," he said.

  "It's entirely appropriate that one institution and one institution only shouldn't be able by its structure to evade its responsibilities.

  "Depending upon the way in which it's done, it should make a very significant difference."

  The Archdiocese of Melbourne's communications director, Shane Healy, said the church supported the new law and had been consulted by the Government.

  The royal commission recommended state and territory governments introduce legislation that allowed survivors of abuse to sue an institution with a property trust for damages when it has sufficient assets.

  In a similar finding, the Betrayal of Trust report, resulting from a state inquiry, recommended the Victorian Government consider requiring non-government organisations to be incorporated and adequately insured if the state provides them with tax exemptions or other entitlements.
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  jwleaks

  If passed, the law will expose assets of the Catholic Church and other religious organisations, including Jehovah's Witnesses, to potential legal action from abuse victims and any class action lawsuits.

  Religious entities would be required to nominate a proper defendant that can be sued and to keep it adequately funded or insured to cover the costs of any claim or judgement. This also means the "faithful and discreet slave" can be sued despite being a so-called 'theological arrangement'.

  If they fail to voluntarily identify an entity, the property trusts operated by the 'church' would be automatically nominated as responsible for defending any lawsuit. This means that if the "faithful and discreet slave" don't answer the summons to court, like they failed to answer back in 2011 in the Magistrates' Court of Victoria, Australia, then the trust holders of the various kingdom halls and assembly halls can be nominated.

  These laws will circumvent the current structure of Jehovah's Witnesses which removes the Watchtower corporation from liability as shown in illustration below.

  
  
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  smiddy3

  That is great news IF the legislation is passed in state parliament of Victoria.

  The bill is to be introduced into parliament in the first half of this year

  Six months later we may know the outcome or not .

  Sorry if i sound cynical .
• 

  shepherdless

  The Ellis defense is explained in the following link:

  http://lawgeekdownunder.blogspot.com/2012/11/a-little-law-about-catholic-church.html

  I don't think Watchtower in Australia (full name: Watchtower Bible & Tract Society Of Australia, Inc) could use that defence, because, unlike the Catholic Church, it IS an incorporated association. However, the proposed law should remove any doubt.
• 

  Vidiot

  So how will the impending tide of lawsuits against the Org be affected by the Aussie WT reps having been instructed to send all their spare cash to WTHQ so recently after the RC?

  All the property they own Down Under eventually seized?
• 

  Vidiot

  shepherdless - "I don't think Watchtower in Australia (full name: Watchtower Bible & Tract Society Of Australia, Inc) could use that defense, because, unlike the Catholic Church, it IS an incorporated association."

  So, "clergy-penitent privilege" doesn't apply... the old statute of limitations thing seems to be on the way out...

  ...and now this.

  The loopholes are getting closed.
  
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  Brokeback Watchtower

  All the property they own Down Under eventually seized?
  

  I think that could very well happen I look at Russia as just the first in a long line of countries to seize their property when things get going and the lawsuits pile up and settlement are made.
  
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  Vidiot

  Brokeback WT - "I look at Russia as just the first in a long line of countries to seize their property when things get going and the lawsuits pile up and settlement are made."

  I can just picture almost everything they have all over the world eventually whittled away 'cause they just won't budge on their stances, and all the online apologists to start whining that the Org is being "persecuted" for "obeying God's rule rather than Men's"...

  ...then insisting that it's "really the End"...

  ...and asking them; "isn't Babylon the Great supposed to be attacked first?"

  ...

  Or better yet, everything is whittled away, and...

  ...nothing else happens.

  The Org simply fades away to Shaker-level obscurity, and 50 years from now, people have to look them up on Wikipedia to even find out who they are.
  
  
• 

  jwleaks

  All the property they own Down Under eventually seized?

  No and Yes.

  Of recent times Watchtower Bible & Tract Society of Australia Ltd ("Watchtower Australia") have been trying to give the impression that Watchtower Australia and Jehovah's Witnesses are one and the same. They are not and this was clarified during the Australian Child Abuse Royal Commission ("ARC").

  Watchtower Australia's official charity activities and outcomes are confined to "supporting congregations of Jehovah's Witnesses in the practice and advancement of the Christian religion founded on the Holy Bible as understood by the denomination of Christians known as "Jehovah's Witnesses.""

  Therefore Watchtower Australia is not the denomination of Christians known as Jehovah's Witnesses.

  Any proposed class action lawsuit against Watchtower Australia that is launched in the state of Victoria, Australia, say in relation to privacy breaches or working with children law breaches, cannot be made against the denomination of Christians known as "Jehovah's Witnesses" because they do not exist as a legal entity that can sue or be sued. This is the Ellis Defense, i.e. you cannot sue what does not exist.

  Can you sue Watchtower Australia instead? They could argue that they are not the denomination of Christians known as "Jehovah's Witnesses" but support the congregations of Jehovah's Witnesses, therefore they should not be liable for any unlawful action or child abuse committed by the religion or its members. Fair argument that is often made in courtrooms across the United States.

  Worth considering, and this is what class action law firms consider, Watchtower Australia does not have the assets or insurance to cover a large class action lawsuit. They do not have large real estate holdings. Below is an extract from the latest Financial records of Watchtower Australia.

  
  

  The above amount is equivalent to US$1.5 million. That is pretty much all the assets that can be seized in any class action lawsuit.

  So who holds the real estate, including branch office, assembly halls, and the hundreds of kingdom halls across Australia? They are held by separate property trusts, some of which are in fact the congregations themselves but not the congregation members.

  This hiding of the assets in trust funds is what the new laws in the state of Victoria, Australia, seeks to address.

  Under the new laws you do not have to sue Watchtower Australia. A class action lawsuit could pursue the denomination of Christians known as "Jehovah's Witnesses."

  This religion would then have to nominate an underwriter for the amount of the class action lawsuit. They cannot nominate Watchtower Australia as they do not have the assets. If no underwriter is nominated then ALL of the real estate and kingdom halls held in trust become the financial guarantee.

  This is where Watch Tower Bible & Tract Society of Pennsylvania comes in. They would have to nominate themselves for any financial payment in a class action lawsuit.

  With Watch Tower Pennsylvania as the underwriters the class action law firms would now be prepared to carry out a forensic audit of any proposed class actions.

  To put it simply you will be able to sue the members of the religion for the "sins" (i.e. crimes) of the religion. The assets of the religion which are held in trust can now be seized.

  Stay tuned.
• 

  smiddy3

  WOW jwleaks just WOW.!

  No wonder the WTB&TS / Jehovah`s Witnesses and everything else that comes under the JW umbrella is now run by the lawyers / legal department

  Under the new laws you do not have to sue Watchtower Australia. A class action lawsuit could pursue the denomination of Christians known as "Jehovah's Witnesses."

  JW`s in Australia have about 60,000 active members I wonder what the odds are of a class action against "Jehovah`s Witnesses" taking place in the near future .?

  Thank you jwleaks for clarifying this