More Developments In Australia

by jonahstourguide in

some results of the royal commission in australia.

catholic church ellis defence scrapped in 'momentous day' for abuse survivorsby michelle brownposted about 2 hours ago john ellis speaks to the media outside the nsw supreme court.photo: john ellis, a former lawyer, tried to sue the catholic church for negligence (aap: paul miller)related story: nsw child abuse survivors to be allowed to sue churchesafter an 11-year battle, survivors of institutional child abuse locked out of suing for compensation will be able to launch civil claims from today.key points:the ellis defence prevented abuse survivors from suing unincorporated organisations including churches and other institutionsthe move to scrap it came after recommendations from the royal commission into institutional responses to child sexual abuse.from today, an institution must nominate a defendant with sufficient assets to pay a survivor's claim.the so-called "ellis defence", which prevented abuse survivors from suing unincorporated organisations including churches and other institutions, is today abolished after the nsw government removed a legal road block.the move came after recommendations from the royal commission into institutional child sex abuse.john ellis, whose failed court of appeal case against the catholic church in 2007 gave rise to the defence, has praised the government's action.

"it's fantastic news," he told the abc.

jonahstourguide

Ok, I've found this on Shine Lawyers web site.

I have bolded and italicized their summary.

Seems many of us here thought the ARC as another toothless tiger but the individual state governments have taken some note. Fantastic news for all affected.

Changes to WA Abuse Limitation period

On 18 April 2018 the Western Australian Government passed historic changes removing the three year statute of limitations for survivors of childhood sexual abuse. Until the passing of these changes Western Australian survivors had only three years from the date that they turned 18 to bring a claim for childhood sexual abuse. The recent changes mean that Western Australian survivors can now access their rights to compensation through the civil justice system.

The passing of the Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Bill (WA) 2017 has been a long time coming for Western Australian survivors following recommendations from the Royal Commission for removal of the limitation period in its Redress and Civil Litigation Report delivered on 14 September 2015.

An overview of the legislation

The bill amends the existing Civil Liability Act 2002 (WA) and the Limitations of Actions Act 2005 (WA).

Changes to the Limitation period

Amendments to the Limitation Act 2005 are in Part 3 of the Bill and remove the limitation period for bringing a civil action for childhood sexual abuse.

These changes implement recommendations 85 to 86 of the Royal Commission’s September 2015 Redress and Civil Litigation Report. The changes bring credence to the Royal Commission’s findings that:

“Many victims do not disclose child sexual abuse until many years after the abuse occurred, often when they are well into adulthood. Survivors who spoke with us during a private session took, on average, 23.9 years to tell someone about the abuse …”[1]

The amendments also strive to remedy injustices of the past caused by the previous strict operation of the limitation period by allowing survivors to commence a cause of action even though they may have previously received a court judgment preventing them from proceeding with their claim due to the expiration of the limitation period. In addition the changes allow survivors, on the meeting of certain conditions, to commence a court action where they have previously settled a claim for the childhood sexual abuse. This will allow survivors who have previously settled their claims on a compromised or reduced basis, due to the limitation hurdle, to seek the full compensation which to they are entitled.

Changes to Defendant entities and access to assets

Importantly, the legislation also introduced a new Part 2A to the Civil Liability Act 2002 (WA) entitled “Child Sexual Abuse Actions” which overcomes the difficulties that many survivors face in identifying a proper defendant to sue and in being able to satisfy a judgment or settlement from an institution’s particular asset holding structure.

Part 2A allows survivors to bring a legal action against the current officer holder of both incorporated and unincorporated institutions regardless of whether that institution has now changed its name, organisational structure, incorporation status or geographic area. Part 2A also stipulates that any judgment or settlement may be satisfied out of the assets held by that institution, including assets of any trusts held by the institution. The amendments also allow survivors to take action against the successor of the institution, or the Head of the Institution, in circumstances where the specific institution where their abuse occurred no longer exists.

These amendments are a very significant step forward for survivors of abuse where previously institutions have been able to avoid their legal responsibilities and protect their assets from being used towards satisfying a judgment or settlement through the “Ellis” Defence. The “Ellis” Defence arose from the New South Wales Court of Appeal decision of Trustees of the Roman Catholic Church, The Archdiocese of Sydney v Ellis (2007) 70 NSWLR 565 wherein the Court held that church assets could not be subject to orders for compensation for child abuse crimes perpetrated within the church, because church trustees could not be held to account for the crimes of individuals.

Cap on legal fees

For further protection of survivors, the new Part 2A to the Civil Liability Act 2002 also introduces a cap on legal fees which limits legal practitioners from receiving legal fees in any greater sum than is provided for by any costs determination. The costs determination will be made by a Legal Costs Committee comprising three independent members of the legal profession and three non-lawyers. These changes will ensure that legal fees charges to abuse survivors are just and equitable.

How do the WA changes compare with other States?

Despite the lengthy wait for Western Australia, the good news is that some aspects the WA legislation are far more beneficial than similar legislation which has been passed in other states. Most significantly, as discussed above, the WA government has introduced laws preventing institutions from using the “Ellis” Defence in avoiding legal claims. No other Australian state has yet enacted similar changes (although Victoria is likely to soon follow suit with the introduction of the Legal Identity of Defendants (Organisational Child Abuse) Bill 2018 in March 2018).

Unfortunately the Western Australian government has joined Queensland and the Australian Capital Territory in limiting the abolishment of the limitation period to claims for childhood sexual abuse. The Victorian, New South Wales and Northern Territory governments have all introduced legislation which abolishes the limitation period in respect of sexual abuse, serious childhood physical abuse and associated psychological abuse. It has been well recognised by the Royal Commission that physical and psychological abuse often go hand in hand with childhood sexual abuse and can have similarly devastating impacts upon survivors throughout their lives. It is disappointing that the Western Australian government has not legislated to include rights of action for survivors of childhood physical and associated psychological abuse.

The legislative changes by the Western Australia government now leave South Australia as the only Australian State not to have implemented changes in some form in line with the Royal Commission’s September 2015 recommendations.

[1] Royal Commission into Institutional Responses to Child Abuse, Final Report: Identifying and disclosing child sexual abuse, Volume 4, page 9.

Written by Shine Lawyers on May 4, 2018. Last modified: September 6, 2018

jtg

12

More Developments In Australia

by jonahstourguide in

some results of the royal commission in australia.

catholic church ellis defence scrapped in 'momentous day' for abuse survivorsby michelle brownposted about 2 hours ago john ellis speaks to the media outside the nsw supreme court.photo: john ellis, a former lawyer, tried to sue the catholic church for negligence (aap: paul miller)related story: nsw child abuse survivors to be allowed to sue churchesafter an 11-year battle, survivors of institutional child abuse locked out of suing for compensation will be able to launch civil claims from today.key points:the ellis defence prevented abuse survivors from suing unincorporated organisations including churches and other institutionsthe move to scrap it came after recommendations from the royal commission into institutional responses to child sexual abuse.from today, an institution must nominate a defendant with sufficient assets to pay a survivor's claim.the so-called "ellis defence", which prevented abuse survivors from suing unincorporated organisations including churches and other institutions, is today abolished after the nsw government removed a legal road block.the move came after recommendations from the royal commission into institutional child sex abuse.john ellis, whose failed court of appeal case against the catholic church in 2007 gave rise to the defence, has praised the government's action.

"it's fantastic news," he told the abc.

jonahstourguide

Looks like it got scrapped earlier in the state of Victoria,,,, I missed that. I will check how many other states are going this way here in Oz. Oh and yes no-zombie,, there does seem to be some vacillation and trepidation down here.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiH76T7scvfAhUGfbwKHSl3ARsQFjAAegQIChAB&url=http%3A%2F%2Fwww.abc.net.au%2Fnews%2F2018-05-25%2Flegal-loophole-ellis-defence-catholic-church-close-damages%2F9800142&usg=AOvVaw0dzpGTU0-2q6pGA-S8a8UG

'Ellis defence' scrapped as Victorian law change opens church up to abuse legal action
By Danny Tran and Matt Neal
Updated 28 May 2018, 9:18am

John Ellis, wearing glasses and a hat, sits on an outdoor bench.
PHOTO: John Ellis says it feels good to have his name unshackled from a legal loophole used by the Catholic Church. (ABC News: Danielle Bonica)
RELATED STORY: The advocates and agitators who fought for child abuse survivorsRELATED STORY: Victoria moves to close loophole that prevents abuse survivors from suing churches
It was only years later, long after he had been admitted to practise as a lawyer, that John Ellis decided to exercise his legal right to sue the Catholic Church.

As an altar boy, he'd been abused by a paedophile priest. Now an adult, he sought damages.

But Mr Ellis ultimately failed because the church successfully argued it did not legally exist as its assets were held in a trust, and that was protected from legal action.

And in a galling circumstance of fate, Mr Ellis's name was unwittingly shackled to the method the church had used to avoid the legal action. Since then it's been known as "the Ellis defence".

But last night, more than 16 years after the fact, the Victorian Government passed a law closing the legal loophole.

"It's a red letter day … to have that shackle be broken," Mr Ellis said.
Hundreds of colourful ribbons tied to a fence outside a church.
PHOTO: Experts estimate the Ellis defence has saved the Catholic Church millions of dollars. (ABC Ballarat: Dominic Cansdale)
"By taking away the legal defence that they have, that puts people in a much stronger position and it puts the church on the same footing as any other entity or organisation in society.

"That's all we've been asking for, for all these years."

Mr Ellis is hoping the move will inspire other Australian states and territories to follow suit.

The new law marks a significant shift for survivors of clergy abuse who, until now, have had to rely on the goodwill of the church to nominate a legal entity, like a bishop, who would agree to be sued.

Now, unincorporated organisations like religious groups must nominate a defendant with assets, capable of being sued.

Defence saved church 'millions'

According to Judy Courtin, a lawyer who represents victims of institutional abuse, the passage of the law represents a significant change to how the church will be held accountable.

"This defence which they've hidden behind … I would say has saved the church millions and millions of dollars," Dr Courtin said.
"Victims have never been on an equal footing particularly in terms of the law, and so this now hopefully provides … an access to the courts that's been denied them forever."

Victoria's Attorney-General, Martin Pakula, said it was a "momentous" change.

"We think the combination of this legislation and the legislation that removes the statute of limitations will make it so much easier for child abuse survivors to get appropriate compensation," he said.

"It now means that organisations will have to nominate a proper defendant with assets that is capable of being sued, and if they don't the court will nominate one for them."
The ABC has contacted the Australian Catholic Bishops Conference for comment.

jtg

12

More Developments In Australia

by jonahstourguide in

some results of the royal commission in australia.

catholic church ellis defence scrapped in 'momentous day' for abuse survivorsby michelle brownposted about 2 hours ago john ellis speaks to the media outside the nsw supreme court.photo: john ellis, a former lawyer, tried to sue the catholic church for negligence (aap: paul miller)related story: nsw child abuse survivors to be allowed to sue churchesafter an 11-year battle, survivors of institutional child abuse locked out of suing for compensation will be able to launch civil claims from today.key points:the ellis defence prevented abuse survivors from suing unincorporated organisations including churches and other institutionsthe move to scrap it came after recommendations from the royal commission into institutional responses to child sexual abuse.from today, an institution must nominate a defendant with sufficient assets to pay a survivor's claim.the so-called "ellis defence", which prevented abuse survivors from suing unincorporated organisations including churches and other institutions, is today abolished after the nsw government removed a legal road block.the move came after recommendations from the royal commission into institutional child sex abuse.john ellis, whose failed court of appeal case against the catholic church in 2007 gave rise to the defence, has praised the government's action.

"it's fantastic news," he told the abc.

jonahstourguide

Some results of the Royal Commission in Australia

Catholic Church Ellis defence scrapped in 'momentous day' for abuse survivors
By Michelle Brown
Posted about 2 hours ago

John Ellis speaks to the media outside the NSW Supreme Court.
PHOTO: John Ellis, a former lawyer, tried to sue the Catholic Church for negligence (AAP: Paul Miller)
RELATED STORY: NSW child abuse survivors to be allowed to sue churches
After an 11-year battle, survivors of institutional child abuse locked out of suing for compensation will be able to launch civil claims from today.

Key points:

The Ellis defence prevented abuse survivors from suing unincorporated organisations including churches and other institutions
The move to scrap it came after recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse.
From today, an institution must nominate a defendant with sufficient assets to pay a survivor's claim.
The so-called "Ellis defence", which prevented abuse survivors from suing unincorporated organisations including churches and other institutions, is today abolished after the NSW Government removed a legal road block.

The move came after recommendations from the Royal Commission into Institutional Child Sex Abuse.

John Ellis, whose failed Court of Appeal case against the Catholic Church in 2007 gave rise to the defence, has praised the Government's action.

"It's fantastic news," he told the ABC.

"It really is a momentous day to have those changes finally commence.
"It will mean [survivors] are able to get recognition from the Catholic Church and other institutions that are set up in the same way, where they haven't had that opportunity before.

"Up until now people have been relying on the good will of the institution or the willingness of the institutions to take accountability, and if an institution decides, as they did in my case, that they don't want to take accountability, then they won't be able to put that roadblock in the way of the survivor."

A long road to redemption

Mr Ellis, a former altar boy, had waited years before deciding to sue the Catholic Church for abuse he had suffered at the hands of a priest.

Ribbons outside St Patrick's in Ballarat, in support of survivors and victims of child sex abuse.
PHOTO: The reforms will enable abuse survivors to sue for compensation (ABC News: Danielle Bonica)
However, the priest responsible for the crimes had died, and the Archbishop of Sydney was not considered responsible for the actions of his predecessor.

By the time Mr Ellis decided to take legal action, he had no-one to sue.

In 2007, on appeal lodged by the Catholic Church, the court found the church did not legally exist because its assets were in a legally protected trust.

A new era

From today, an institution must nominate a defendant with sufficient assets to pay a survivor's claim.

If you or anyone you know needs help:

Lifeline on 13 11 14
Kids Helpline on 1800 551 800
MensLine Australia on 1300 789 978
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Headspace on 1800 650 890
If not, the court can appoint associated trustees who can get access to trust property to pay the compensation.

NSW Attorney General Mark Speakman said the changes to the law were retrospective, making them accessible to survivors of past, present and future child abuse.

"This means all survivors of institutional child abuse in NSW will now have the same access to compensation through civil litigation, no matter what kind of organisation is responsible," he said.

John Ellis said his quest for redress took a heavy personal toll.

"We took the church on through the courts and we were unsuccessful," he said.

"Personally I thought I'd done a great disservice to survivors, because now it was in black and white that you can't sue the church.
"More recently, through the period of the royal commission, and through the recognition of the community [and] the support of the NSW Government in quickly implementing the changes that have been recommended, I've felt very supported.

"I've felt very grateful for living in a country where that's possible."

https://www.abc.net.au/news/2019-01-01/catholic-church-ellis-defence-scrapped-from-new-years-day/10675890

jtg

43

Are the G.B.members really good business people ?

by smiddy3 in

jw
friends

if i was an author of a book i think i would be over the moon if i was guaranteed a sale of around 5 million or more books for my work.. the jehovah`s witnesses have over 8 million members plus relatives that are fringe dwellers who come to the memorial once a year ,.

so what a gold mine they have been sitting on as a publishing house .. why didn`t they keep publishing books for the faithful ,they could have even upped the price , and the faithful would have paid especially in prosperous country`s in the west.. they could have milked this venture for years to come as the faithful would have bought anything they would have published .. and their prophets (profits) would have soared ,literally and figuratively for many more years to come ..

jonahstourguide

Ditto smiddy3..

24

Question for PIMOS but all welcome

by ZindagiNaMilegiDobaara in

so once pimo how do you deal with going to the meetings, ministry, social getotgethers, conventions assemblies?.

for one you know it is all off key,.

two your 2 hours or more so just wasted (not counting the time getting ready,travelling etc).

jonahstourguide

To the OP

For people that are guided by conscience it is difficult, even more so if it's the jw style of minimalist self worth conscience. For people that can shut down their conscience it becomes easier in time. The analogy that Snare wrote is right on the money. I have over the years been involved in clandestine activities and know how to shut down the conscience to achieve an end. In fact some (worldly bikie and gang types) have said at times "Have you no conscience?" Once you master that aspect there is no danger to any perceived mental health as you see yourself as being on a 'mission' and nothing ,,, nothing else matters. A means to an end, I suppose. Suffice to say I am no longer involved in those activities. My mistake was returning to the religion, yes, to give it a second shot!! Huge mistake,,,, However, now, as a PIMO I'm on a 'mission' to release the friends I have made from the cult. So I'm using a past learned behaviour in this case. I think it's working as I'm using so much of the valuable information on this site and my own research and they are seeing the double speak but are heavily invested. Beautiful people trapped in a concept/cult.To answer OP question, you can fake it if there is an important reason,,,, and my firefox browser provides a brilliant distraction.

FWIW

jtg

P.S. not a servant nor a microphone handler so there is nothing to lose, so to speak.

58

Library now cleared out

by UnshackleTheChains in

well, it looks like the axe has finally fallen on our kh library.

during a deep clean of the local kh, a brother suddenly informed everyone 'whikst cleaning' that all the old books including bound volumes of the watchtower etc was to be chucked in the skip.. from what i heard, some were taken aback by this and quite annoyed that no announcement was made; that no one was given the choice of taking some of these books home to keep.

i mean the entire collection of studies in the scriptures and others that go back an entire century.

jonahstourguide

At the kh that I attend, here in Melbourne Oz, there is in fact a sign stating that "no items are to be taken out from the library"

jtg

P.S. I was assigned in 2014 to collect and itemise all literature so we could have a current and comprehensive library by the school overseer. I went to great lengths to collect and collate a comprehensive array of publications including 'millions now living'. Eighteen months ago most of it was trashed and only a skeleton remains that i guessed will also be trashed.

41