The court had heard the Christian Brothers had $23 million in cash and was losing about $1.7 million a week since October to victim payouts.<\/p>\n
Under the moratorium, all current cases will be paused, including claims that have been settled but are yet to be paid out.<\/p>\n
Head of Abuse Law at Slater and Gordon Lawyers, Stephanie Brown, said the court’s decision had thrown abuse survivors into uncertainty.<\/p>\n
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The court\u2019s decision has thrown abuse survivors into uncertainty. (ABC News: Floss Adams)<\/p>\n
“Many survivors have told us it feels as though their suffering is being extended and old wounds are being reopened,” she said.<\/p>\n
“When institutions that presided over child abuse ask a court to freeze claims and channel compensation through a limited fund, there is a real risk of a new form of institutional harm: one that undermines hard-won outcomes and treats survivors’ claims as just another liability to be managed.<\/p>\n
“We call for the Christian Brothers to take accountability and responsibility for their actions and we await the findings of the actuarial report.<\/p>\n
“Survivors must not be silenced or short-changed.”<\/p>\n
‘A win’ in moratorium carve-outs<\/p>\n
The moratorium applies to all claims nationally, with all cases effectively on pause until a hearing in September to determine how the creditor’s scheme would operate.<\/p>\n
But barrister for the Trustees of the Christian Brothers, David Sulan SC, told the court on Thursday there would be “carve-outs” that would allow impacted parties to seek leave to vary the moratorium.<\/p>\n
“There are ongoing protections for interested parties that are affected by the moratorium,” he argued.<\/p>\n
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Judy Courtin questions why the Christian Brothers\u00a0did not suggest carve-outs from the beginning. (Supplied: Judy Courtin)<\/p>\n
Lawyer and advocate Judy Courtin said victims were “blindsided” by the application for a moratorium but described the carve-outs as a win.<\/p>\n
“Today’s hearing was a real win for all victim survivors of the sexual assaults and rapes by Christian brothers,” she said.<\/p>\n
“But why didn’t the Christian Brothers make this suggestion [of the carve-out] at the very beginning? All of that angst and that ongoing abuse and trauma by the brothers could have been avoided.<\/p>\n
“The amount of money that has been spent on legal experts, silks and solicitors and all the rest in the last 10 days could have all been avoided.”<\/p>\n
‘We intend to keep fighting’<\/p>\n
Both lawyers said their firms would continue to stand with victims of clergy abuse to pursue their compensation claims and Dr Courtin said there was still a lot more work to be done before the matter was resolved.<\/p>\n
“I take my hat off to all the survivors, all our clients, clients all around the country who have survived yet another kick in the guts from a Catholic order,” she said.<\/p>\n
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Lawyers intend to keep advocating for victims of abuse at the hands of the religious order. (ABC Ballarat: Sarah Jane Bell )<\/p>\n
“I want to say to survivors, hang in there, we’ve won this part of the battle, and we intend to keep fighting.”<\/p>\n
In a statement, the Trustees of Christian Brothers, Oceania Province (known collectively as the Province), described the creditor’s scheme as a “court-approved restructuring process” that is governed by Part 5.1 of the Commonwealth Corporations Act.<\/p>\n
It must be approved by at least 50 per cent of the creditors and creditors who represent at least 75 per cent of the total claims against the Province.<\/p>\n