Landmark abuse case could see families of abuse victims compensated in Victoria

A landmark case is underway in the Supreme Court, involving the family of an altar boy who was allegedly sexually abused by Father Bryan Coffey while volunteering at his local Catholic Church in north-west Victoria, in the 1970s. If the claim is successful, families of abuse victims could be entitled to make claims against the church for violence and harm they suffered as a result of sexual and physical abuse their family member experienced.

The church allegedly moved Coffey between parishes despite having knowledge that he could abuse children. The victim’s family, who are represented by another law firm, allege the church’s conduct caused the man to suffer years of alcohol and drug abuse and addiction, resulting in violence towards them. The victim has now sadly passed away.

In 2021, the family’s Supreme Court case was lodged against the church seeking compensation for the wrongs committed by the church against the victim. The victim’s wife and children are also named as plaintiffs in the suit, alleging they are secondary victims of the church.

Why is this important for victims of child sex abuse and their families?

If the victim’s family ultimately succeeds in their fight against the Catholic Church, this could set a precedent and potentially allow other families of victims of abuse to pursue church entities and other non-religious organisations for the harm caused to them as a result of their immediate family suffering child abuse.

What’s happened recently?

The Catholic Church has applied to the Supreme Court to have the claim struck out.

The court rejected the church’s application, finding the claim was “novel” because it argued the church had a duty of care to the victim’s future wife and unborn children, who had no relationship to him at the time of the alleged abuse. The judge found the argument, was “not certain to fail” and that it should be decided at trial after hearing all the evidence.

What happens next?

Despite the Catholic Church’s efforts to block the victim’s family from obtaining compensation for the abuse and suffering the victim experienced, the Supreme Court has allowed the family’s claim against the church to continue.

While allowed to continue with their claim, the family will still need to prove they should be entitled to compensation at the upcoming trial which is listed for late February this year. The judgment is likely to be handed down some time after the conclusion of the trial.

Violence, drug and alcohol abuse are commonly experienced within families of abuse victims, as well as other psychological conditions, following sexual, physical and emotional abuse suffered in childhood. Alcohol and drug use in particular, can be a way to escape and avoid the pain they are experiencing, sometimes as a result of abuse that happened decades ago.

Slater and Gordon has a specialised team of expert lawyers who practice in Abuse Law. If you would like to seek advice about your circumstances, contact Slater and Gordon Abuse Practice Group Leader Sam Carroll