-: /.

~··

L" THE S lTPRE;'.VIE C 0 l.: ""RT

OF :\""EW SOUTH WALES

Sl:"D?:\""EY REGISTRY

C0:.'>010:\" LAW DIV1.SIO:\"

~o 17714 of 1993

" . .\L''

~1C

TRUSTEES OF Tfil CHRrsTL-\.."\'

BROTHERS & ORS (see ~r-i.2..ched

!\L.\STER STA TE.\.IT...."'\;"T OF CLAI\f

SL\ TER 6.: GORDON Solicimrs 562 Uttle Bourke Street: ~fELBOlTR .. '."E VIC 3GCO DX 229 TEL: (03) 60?. 4855 ?J:.F: PG:HS:KOT

:\""£\V SOCTH WALES AGENTS

TlTR~~"ER FR FF~·L.\.i.'l

Solicitors Level 8, ..!.) Oarence Street SYOl';"EY NSW 2000 DX 152 Yd: (0?.) :2.99 2622 REF: PT:A.\{F

., f'c

CT JH.056.11055.0162

1. The Plaintiff in or c.bout 19~7

wc.s ~-c.n~ported co AustraUa c..s

2.

3.

p3:: of a Child >Egr:?.tion Sche;-;;e f'

(",~.e said Sc:-teme")

As a consequence of the Plaintiff-

i~to t::e . . . ii"is::t».rn.on :.3Lldoon

:efe:-red to as "·\...,!) ·-~-

ir~stiwtion '')

foUowing years: approx.ima.teiy

19.:!.7 - i955 (hereinafter refei.7ed

T he Firs;:narned Defendant is a

boc y corpor-ate incorporated c..r.d

capable of be~ng sued pursuant to

Secuon 4 of t~e Roman C.:.tholic

Ch:.!::ch Communicies' Lands Act,

19~2 - i948.

~\OS

CT JH.056.11055.0163

-2-

.:1 Th= stid i~s:.:r...:tions were institutions or subsidised institutions pursua.."'l~ co the

St.a•e Ch.ildrens Act 1907 as a.-nended and the Child Weifa.re Act 1947.

5. "The said s~heme" was operated or pe:-r.:it•ed •o be operated with the knowledge

::...-.c co.-:ser.~ of the Gove:nmer.ts of the United Kir.gdoi7l the Cor.1monwe.alth of

. .\us~alia and the S~te of \\.'esrem Australia.

the se\'e:1:e~:Hh c!efe~dant who the:l released :he children into _the custody and care

of t;.e firs t defencant who in each case there:lpon beca.I71e the guardian/custodian.

of the welfare ar.d health of the children including the Plaintiff:

dti:::a:e co~;:oi c...--:ci :-espons:oility of :he Wes:em Ausu-clia.n L-lsdC'..ltions Bindoon.

a• ill r;;aterial tmes the se::-var.ts

and/or age~i:.S of ti-.e Firs~c:. . .rned Der"er,darn.

8. During the ?e.-iod t::e Plaintiff was a srude::t, orphan a.r.d/or ward :;:iursu31t to ;:he

S t:e.te Childre~s :\~~ i 907 ~s ~oe:iCed a.id/ or Crilld \Velfc..re Act 194 7 L.1. ~e care

and cus•ody of •he Chris•;:i.'1 Brothe~s of Wes~e::ll . .\ustralia at the s2.id institution.

9. Throughout the course of the ~e~od the Plaintiff_';,·as subjected w physical and/or

sex:t:al and/or psyc~ological abuse ("the said abuse") . In parJ.cula.r the said abuse

was occas~oned to the s.a.id Plaintiff by the follov.i.ng persons; Brother Keaney,

Brother Boulter, Brother O'Neill, Brother Wise and Brother Angus.

10. .~s a consequence of the said abuse referred to in Paragraph 9 he:-eof, the Plaintiff

has mffered personal injuries loss and damage.

J ..

-.)-

PA~TICUL.\RS OF !N'Jl.iRY

?os: Traumatic Suess Disorde:­

Depression

Broken bor.es

Severe br...: ising

Scarring tiJ ha;;ds, ~ack 2"1d legs .

PARTICUl...\RS OF SPECIAL D.~~L.\.GES

CT JH.056.11055.0164

of ~he defenciants or c~e 01 cfr.e:- of the:-n.

P..\RTICl71.A.RS OF '.\"EGLIGE:"-.CE OF THE FIRSTNA:VfED DEFE0'1) . ..\_'\'T A~l)

TITT PREDECESSORS 1" TI\fE OF THE

(a)

(b)

THIRD~..\> fED DE FE'.\ "D A:'·rr

Permltung c~ilCre:-: (indl!ci.ng tte ?iai.ntiff) com:nitted to its care w be

raped, sodomised, brutzlised, assaulted, bartered and/or psychologically

abused;

Failing to act upor. suspic:ons th3.t ce:tain of the Christian Brothers at the

Instirutions ·,1,1ho were responsible for the c::.re and welfare of the children at

the Instirucions, such children including the Ptainc:iif -

(i) we:-e pedophiles;

(ii) we::e sadists;

(iii) had conduc~ed oosce:ie and indecent aces on the children at the

insdrutions

CT JH.056.11055.0165

.. -~-

(iv) had practised acts of gross and graruitOt;S violence on the children at

the L-:stitutions; ((iii) 2Jld (iv) heri.nafter referred to as "the s.aid

ac:s ~)

(c) Failing to ,~·~e any or 2 .. ny adequa~e precautions to prevent such persons

continui:'lg :o perform the said acts.

(c)

(i) ~·e:-e pe.dop.hiles;

(i.i) we:-e sadists;

(iii) had :;erior::ied tl":e said acts.

. (e)

(i) pr.ys:cal and/or;

(ii) sex:.:al and/or;

(ii.i) psy~::oiogical -

abuse of :~.e plci-,tiff 211d other childre:1 at the s::..!d institutions.

(f) F2.ilir.g to ::.ct upon e·;idence ar.d/or cornplai..1ts of -

(i) physical and/or;

(ii) sex~:tl andior;

(iii) ps::chological -

abuse o f ~'-.e plaintiff and other children at <he said insurutions.

(g) Failing to investigate adequately or ac all complaints of -

(i)

(ii)

(iii)

physic:tl and/or;

sex'..lal and/or;

ps::chological

abuse of :.~e children including the Plaintiff at the Institutions.

L .

. ... ./

CT JH.056 .11055.0166

-5-

(h) Conct>iling from -

(i) the Westem Australian Police Department;

(ii) ~he \\'es~e:-n Aus~afa.n Educ3.tion Depar-.::ie:it

(iii) tt".e Wes~e:n A\!su.c.l.ian Depani;ient of Welfare -

the occurre~ce of -

(a) physical and/or;

(b) sexual and/or;

(:::)

abuse of d·.ildren i.r.cludtng the Plaintiff at the Institutions comrr.iued by

Christian B<others who had been piaced in positions C?f ~Lrust and care for

the crtildre:; .

(i) Failing to remove from i..:'le -Lnsti\!.J.tions Christian Brothers who -

(i) '.i..·ere pedo?i'J.les;

(ii) were sadists;

(iii) . . d . r,ac :on L:C~e~ obscene i11decenc ac:s on \he children at

(iv) had ;ira.cdsed a~ of gross and gratuitous -_·iole:-.ce on t:-.e c:illdre:i at

me Inst~tudons;

Failing to instin.:te any or any proper syste_m to monitor the behaviour of

Christian Brothers who the Firstnarned defendar:t knew had committed acts

of -

(i) physical and.Jar;

(ii) sexual and/or;

(iii) psychological;

abuse of the children including the Plaintiff at the Institutions.

"

.;_)

CT JH.056.11055.0167

-6-

(k) Failing •o have c....1y or any adequate sys•eri1 tO screen Christian Brothers so

as to ensure the suit.2.bility of persons to act as -

(i) guarc!:;..r.s;

(ii) custodia.ns;

(iii) tead:ers -

of the children including the Plaintiff at the Institu~ons.

(l) for C·.ris:.!:: .. n Brothers ,..

who we;:e pe.dophiies ::.nd were sexually molesting studems.

(m) F;;iling t0 res?~r.d adequately. or _at all to complaints concerning -

(i) physical ::.,1dior;

(ii) sex ua.i and/ or;

(iii) psychologictl ·-

abuse of child.re:; inc!uding the Plaintiff at •l':e Ir:s~~ui.ions.

(n) Per7r..it:.ing ::.. si~;;ation at the Iiisti.rntions in ·;...·f"ach children including t;-.e

Pla.ir.uff lived i:i ~, e;;viron~e::t of const:?..nt 'e::or.

(o) Depriving ch!lcre:i of contact with or knowledge of their parents .

. . (p) Permitting persons 'Nho were totally unsuited by their -

(i) backgrour.d;

(ii) educ::.tion;

(iii) Prior behaviour of ac"5 of -

(a) physical and/or;

(b) sexual and/or;

(c) psychological;

abuse of children -

to remain in positions of responsibility and care for the children at the

Institutions including the Plaintiff.

~ \ lO

CT JH.056.11055.0168

-7-

(c) Failii1g to comply ·;.·ith rne provisions of the Child Welfare Ac~ and the

regulations t.'ie:-eco in par.icdar regulations 7, 8, 9, 10, 11, 12, 15, 19,

?O· )r )() -1 ??( · c·)c··)····)-) 7 A ..,7 78 -oc·)c··) -- ta lO C , ..::. , -- a) l ll t:a (0 , _..,., :.. , - , ..:> l li , ..:>~.

(r) Allowi11g Brother Keaney to -

(i) to be in cha:ge of child ren including the PlaL1tiff at any of the said

insti~utions;

(!.!) to :-:::..ve cf t~e sc..id i.::scill!tions

whe:1 it bew that \..~e said Brother Keaney had _sexually interfered

with and/or physically abused other children at the said institutions.

- ' (s) F?: ;;r.g tO i;-istitute a policy whereby -

(i) Brot::er K~--:ey;

(ii) an;; person ~own or suspected to have coi7lr.ijtted sexual offences

and/or phys;cai abuse against childre:i;

was banned from ill of ~he said instit'.!tiOi1S c:.nd from remaining as a.

(t) Allo\l,i.r.g Brot~er Boulter to -

(i) to be in charge of children including the Plaintiff at any of the said

inst.i'1Jtions;

(ii) to have any access <a the Plaintif( at any of the said institutions

whe:-i it k.r.ew that ~lie said Brother Boulter had sexually interfered

with and/or physicaily abused other children at the said institutions.

(u) Failing to institute a policy whereby -

(i) Brother Boulter;

(ii) any person known or suspected to have committed sexual offences

and/or physical abuse against children;

was banned from ill of ;.he said instirutions and from remaining as a

Christian Brother.

~ ll l

)

CT JH.056.11055.0169

-8-

(v) Allo•.i.·i:tg Broche:- O'Neiil i:O -

(i) to be in c::2.rge of child;-en including .the Plaintiff at 2.IlY of the said

ins::.icutions;

(ii) to have any access co the Plaintiff at 2.I'IY of the said i.nstirutions

(i)

(ii)

wne:1 It k:iev.· chat cf.e said Brmher O'Neill had sexually interfered

with and/or physically abused other chiidren ac the said insi:itutior:s .

.. Brath.er O'Neill;

any person k .. 1own or suspected to have commiued sexual offences

and/or physic<.! abuse ag~st childre:-.;

ill of :.':e said institut:ons a..id .. , roiii remaia.ing as a

c-...-{s~an 3•other.

(x) A.llowir.g Brother Wise to -

(y)

(i) m be Li ch2.rge of chiidre:1 i.ndudi..:g the Plaintiff at any of the sc.id ·

instirutions;

(!.i) :o :iave any access ~o :he Pla.i.nd;:"f ac a..-.y of fr,e said institu\ions

v..·hen ic 1mew thar ~r:e said B~ocher \\iise had sexually interfered v,.i\.i'l

and/or physically ab1..:sed other child.-e:l at the said institutions.

Failing to institute a policy ·,i•hereby -

(i) Brother Wise;

(ii) any person known or suspected to have committed sexual one~ces

anci/or physical abuse against childre:i;

was banned from all of the s::.id instirutions and from remaining as a

Chrisdan Brother.

' · ..

\

' .~.

)

CT JH.056.11055.0170

-9-

(x) Allowing B1other Angus to -

(y)

(i) to be in charge of childre:l including the Ple?.intiff at any of the said

instin..:tions;

(ii) to have any access to the Plaintiff at any of the said institutions

whe:1 it knew that the said Brother .-\ngus had sexually interfered

with a.id/or physically abused ether children at the s::.id institutions.

(i) Broc..1-:er Angus;

(ii) any person known or suspected to have committed sexual offences

and/ or oh vsical abuse a~ainst children; .. . . : . -was banned from all of the said institutior.s a;1d from rem2..in.i.ng as a

Ch.risd.an Brother.

PARTIClL.-\RS OF ~""EGLIGE.."iCE OF THE SECO~-UN.-\:'\fED. FOu""RTR:NA~-fED.

F LF I HNA.:\.-fED .-\0-U FOlTRTEL'.TfL".-\:\-fED DEFL'.:"DA.."iTS

(a) Per:nitting c:-tiidren (including the plaintiff) committed :o its ca:-e to be

(b)

. ;aped, socomised, brutilised, assc.ulted, lnt:ered ar..d/o;:- psychotogic-dly

abused;

Knowing or failing co act upon suspicion_~ that cerl2.in of the Christian

Broe.hers at ;:he Institutions who were responsible for the care and welfare

of t..1Le children at the Institutions, such children including the Plaintiff -

(i) were pedophiles;

(1i) were sadists;

(iii) had conducted obscene and indecent ~cts on the children at the

institutions

(iv) had prac:.ised acts of gross and gratuitous violer1ce on the children at

[he Institutions; ((iii) and (iv) hereinafter referred to as "the said

acts")

~\ \3

)

CT JH.056.11055.0171

-10-

(c) Faili:;g to t.2.ke any or any adeql!ate precautions to prevent such persons

continuing to perform the said acts ..

(d) Failing to re::\ove persons that the Firs~na..lled Defendant knew or ought to

have lu-1own -

(i) were pedophiles;

(ii) we:-e sc.disi.s;

(iii)

(e) Turning a blind eye to evidence and/or complaints of -

(i) physical· and/ or; • I •

(ii) sex:Jal z.,:d/or;

(iii) psyc:.oiogiw -

ab;;se of fr:.e ? !c.i;·uiif a,"lci 0;:;1er children at the said instirutions.

(f) Fa=i;ng to :.ct •.!pon evidence and/or compia.ints of -

(i) ?hysic<.1. a:-.ci/or;

(ii) sex\.!al ::.nd/or;

(iii) psyc:-:oiogic:..i -

abuse of the pia.intiff and oL:er children at the said institutions.

(g) Failing to investigate adequately or at all complaints of -

(i) physical and/or;

(ii) sex:.ia.l anci/or;

(ill) psyc~ologic::.l

abuse of i.he children including the Plaintiff at the Institutions.

.·t. )

_,-'

-11-

(h) Concealirig from -

(i)

(ii)

(iii)

the Western Australia.'\ Pol.ice Department;

the Western Ausu-dian Education Deoart;r.er:t . . the Western Australian Department of Weifa.re -

the occurre:tce of -

(a) phys~cal and/or;

(b) sexual andior;

(~\ ._)

CT JH.056.11055.0172

abuse of c:-.ildre:1 i:1ciuciing the PlaiJi.tiff at . the Instirutions committed by

Christian Brothers who had bee:'! placed in positions of trust and· care for

the childre:-:.

(i) F;;iifr1g to :-e:nove f:-01.1 :he Lrlstitudons Christian Brothers who -

(i)

(ii)

(iii)

we;:-e pedopr.iles;

were sadists; . . . . \.. .. nae perrormec t .. e sa:.o ac\.S.

U) Failing w :;.stir..!te a:.-i.y or ar.y proper system iO :;-:oniwr u'-:e behaviour of

Chri.scian Brothers 'vlirlo the Fusi.named. defendant '..::new had comiTiltt."'.d acts

of -

(i) physical and/or;

(ii) sexual and/or;

(iii) psyc:-:ological;

abuse of ~he children including the Plaintiff at the I:istirutions.

(k) Failing to have any or any adequate system to screen Christian Brothers so

a.s to ensure the suitabilicy of persons ~o act a.s -

(i) gua.:dians;

(ii) cus~odians;

(iii) teachers -

of the children including the Plaintiff at the rnstiruci.ons.

)

CT JH.056.11055.0173

-12-

(1) Failing co provide any or any adequace counselling for Christio.n Brothers

who were pedophiles and were sexually molesting sruden\s.

(m) Failing to resyond adequately or at all to complaints concerning -

(i) phys~cal and/or;

(ii) sexual and/ or;

(iii) psyc;;ologiczl -

(n) Permitting a siruation at the Institutions where the children including the

Plaintiff lived in 'an environme:ir of consta..1t terror.

(o) De;:>rivi:?g ::.':e child.-e:i of conw.cc with or knowledge of their pare:i::..s.

(.:J) Pe~itting ;:e:sons who were 'oi2.liy uns:.iited by their -

(i) backg:oun<i;

(ii) eeuc~tion;

(iii) Pr.or behaviour of 2.Cts of -

(a) physicai and/or,

(b) sexual ar\d/or;

(c) psychological;

abuse of children -

to remain in positions of responsibility and care for the children at the

Institutions including the Plaintiff.

(a) Failing to ensure that children · (including the plaintiff) committed to the

care of the Christian Brothers were not subjected to the said abuse;

(r) Failing to a.cope any or any proper sys::em to e:isure that the said abuse did

not occur;

._J

CT JH.056.11055.0174

-13-

(s) Participati:ig i.:1 and/or permitting the Christian Brothers to par..icipate in

the Child ~f.igration Scheme wi~houc insuring L .... e welfare of children o laced

i.n the s:her.:e .

(t) Allowing Brother Keaney to -

(i) •o be i..1 charge of childre.:1 including the Plaintiff at any of the said

ins ti::-...: tions;

whe:1 it kr1e,,i...· that u1e said Blather K~'1ey had_ sexually interfered

with a..1d/or physically abused other children at the said institutions.

(u) Faili ng to ir:sti tute a policy whereby -

(i) BroC:-.er Ke2.ney;

(ii) a,1y ?erson known or suspected LO have comm.it:e.d sexual offe:1ces

and/er physic::..!. abuse against child re::;

was ban:lec from 8 of the said i.nsdtui.ior.s ar.<i from 1emair.ing as . a

Ch.rist.ia....1 B 1other.

(v) Allo,1,ing Brother Boulter to -

(i)

(ii)

to ce in charge of children including t:ie P~aintiff at any of the said

instiilltions;

to ~ave any access to the Plainti..f( at any of the said insti.rutions

whe:l it knew that the s.aid Brother Boulter had sexually interfered

wiL1 and/or ohvsicallv abused other children at the said institutions. . , .

(w) Failing to institute a poiicy whereby -

(i) Bro\.her Boulter;

(ii) any person known or suspected to have committed sexual offences

and/or physical abuse against children:

was banned from ail of the s.aid institutions and from remaining as a

Christian Brother.

CT JH.056.11055.0175

-14-

(x) . ..\llowir:g Brother 0 ·Neill to -

(y)

(i) to be in charge of chiidren indudL'1g the Pltintiff at any of the said

insti"-!tions;

(ii) to have any access to L'1e Plo.intiff at any of the said institutions

when it knew that the said Brmher o·~eill had sexually interfered

with and/or physically abused other children at the said instirutions.

(i) Brother O'Ne~ll;

(ii) any person known or suspec~ed to hc.ve committed sexual offences

and~o~ ph'ysical abuse against children;

was banned from all of the said iiistirntior.s and from remaining as a

Ch...-i.stian Brother.

(z) AHowing Brothe;- Wise to -

(i) to be in chc.r6e of c:-tildren including .ti:e Pic..intiff c..t any of the said

insci.~t.ions;

(ii) to h::.ve ~Tv access to the Plaintiff at any of :he said institutions

whe:. it k-•ew that :he said BroL'ier Wise had s.e.xu.a.Uy interfered wiu1

a.nd/or physically abused other children at the said institutions .

) (aa) · Faiiing to institute a policy whe;-eby -

(i) Brother Wise;

(ii) any person known or suspe.c~ed to have committed sexual offences

and/or physical abuse against children;

was banned from all of the said institutions and rrom remaining as ·a

Christian Brother.

j ,·

CT JH.056.11055.0176

-15-

(ob) Aliowing Brmher Angus w -

(i) to be in charge of children including the P!c..intiff at any of the said

(ii) to have a.1y access to the Plair.tiff at :.ny or the said institutions

when it knew that the said Brother Ar:gus had sexually imerr"ere.d

wi~h a.--.d!or phys~ca.ily abused other child.-e:-i at the said institutions.

(cc) Faili:ig •o ir.st.itute a policy whereby -

(i) B.-other A.ngus;

(ii) any perso'n known or suspec•e.d to have committed sexual offences

and/or physical abuse against children;

was '.Jc:,nec from all or the said :r.stitu tions and from remai..n.i.r:g as a

Chris;:ian B1other.

PA.RTICl:"LARS OF ~"'EGLIGE;'\'CE OF TRE STXTHNA:'.fED. SEVL~Tffi'iA::VfED.

EI G HTHN A> fED. :". L\TH~i A:". fE D. TL 'iT'ffi': .-VvfED. EL E '\'"'ENTffi'\" ..\ i'vfED.

T\\.'"ELFT'f-[';A\·tED. THTRTEENTir.'iA\fED A:\1) ITFTTEENT'i"A:'vfED

(a)

(b)

DE IT:'\"D ANTS

Failing to ensure i.hat children (including the piaintiff) committed to the

care of the Christian Brothers were not subj-:Cte.d t0 the said abuse;

Knowing or susoectin o . "' that cerc::.in of the Christian Brothers at the

Institutions who were responsible for the care and welfare of the children at

the Institutions, such children including the Plaintiff -

(i) were pedophiles;

(ii) were sadists;

(iii) had conduc~ed obscene and indecent ac~ on the children at the

instirutions

CT JH.056.11055.01 77

-16-

(iv) had practised acts of gross and gratuitous violence on ~he childre:i at

the Institutions;

(c) Turning a blind e;'e to evidence and/or complaints of -

(i) physicai ar.c:'or;

(ii) sexual ar.d/o;-;

(iii.) ?Sychologic:J -

(d) Failing to act upon suspicions or kr.owledge of evidence and/or complairus

of-

(i)

(ii)

(iii)

sexual arid/o r;

psyc;;ologic:J -

abuse of i.r.e plair.d:f c:.d oi.her children at the said institutions.

(e) FC.:.ling to requi.:-e :.1e removal of ;xrsons ~hat the Fi.rst.1a.med Defendant

k.r.e·;..· or ought ~o l':ave known -

(i) were pcdo?i"iiles;

(ii) were sadis;:.s;

(iii) had conduc:ed obs~ene ar.d unlawful acts on the children at the

Inscirutions;

(iv) Had practised acts of gross and gratuitous violence on the children

at i.he Institutions from positions at the Institutions where such

Insdtutionsi::>ersons had authority over and responsibility for the

children !.nc!uding the Plaintiff.

(£) Failing to provide my or any adequate counselling for Christian Brothers

who were pedophiles and were sexually molesting students.

..

_.j

CT JH.056.11055.0178

- 17-

(g) Failing to adopt any or any sys:em of monitoring complaims of the children

and no sys~em of monicoring the conduc: of the Christian Brothers i..n

qt.:esdon.

not occur;

(i) Par..icipa<.i.. • g in anc/ or ?e;::nitting the Christian 3rmh~rs \o ?a..-:icip:;.te i;1

the Cr.ild >.1igration Sc:te:1:e.

G) Failing to ;:iro~ide legal advice to the plaintiff G..'1d other children for the

purpose of :nL°orming ti':eril of their rights conseque~t upon the said abuse.

(:-c) Allowing 3rmher Ke::;.ney ~o -

(i) \O be in charge of children including the Plaintiff at c.ny of the said

(ii) . .., any access to che Plaintiff at any or ~r:e s.aid institui.ions

•;,:i:..:.., and/or physic~lly a.bused other chilcre:1 a.t tl':e said ir:stitutions.

'(l) Failing to i:1stitute a policy whereby -

(i)

(ii) any person known or suspected to have committed. sexual offences

a."\c.'or physical. abuse against children;

was ban.r.:ed from ail of the said institutions and from remaining 2..S a

Christian 3;other.

. _)

CT JH.056.11055.0179

-18-

(m) Allowi:&g Brother Boulter w -

(n)

(i) to be i:1 cha:ge of childreri including the Plaintiff a any of che said

i..1s~itl..!tions;

(ii) to have any access to the Plaintiff at any of the said institutions

when it k.rie .. :.: that the said Brother Boulter h::.d sexually interfered

with c .. nd/or physicilly abused other children at the said institutions.

(i) Brother BOl:i:er;

(ii) any person ;c.,own or suspected to have committed sexual offences

2..'1d/or physic:!..l abuse ag~ns~ children.;

was banned i·rom ill of the said institutions a.1d from remaining as a.

Ch . . B . l rlSt.2-t rotr1e:-.

(o) A!lo._:.,.i:1g Brother O'Neill to -

(p)

(i) to be ln c;;~ge or" children inciudin.g c:.e Plai;;ti.F. at any of the said

(ii) :o have ::..;,·; 2.Ccess to 'he Pl:a.ir1tiff a any of the said instituc.ions

·.i.·he:1 it kz:ew that the said Brot.1er O'Neill had sexually interfered

with and/or ?hysically abused other children at the said instirutions .

Failing to instirute a policy whereby -

(i) Brother O'Neill;

(ii) any person ~mown or suspected to have committed sexual offences

and/or phys:cai abuse against children;

was ba..-rned from all of the said instirutions and from remaining as a

Christian Brothe::-.

)

CT JH.056.11055.0180

-19-

(q) AJlowing Brothe:- \V~se to -

( r)

(i) to be in charge of children includmg the Plaintiff at any of rhe s:tid

(ii) to he. ve any access to the Plaintiff at a.1y of the said institutions

when i~ knew that the said Brnther \Vise had sexuai.ly interfered with

o...1d/or physic::..lly abused other children at •he said institutions.

(i) Broti-.er \Vise:

(i.i) any person known or suspec~ed to have commiti:.ed sexual .offences

and/or physical abuse against children;

was b2.r.ned from all of the said institutions and :from remaining as a

(s) Allov ... ·i:ag Brother .-\.z1gus to -

(c)

(i) :o be ln charge of children inciuding ~r.e Plaintiff at any of i:.he said

i11stit~ .. H.ions;

(ii) 2.n v ::.ccess co the Plain ti ff 2.t any of said institutions

when it knew that the said BroL.'1er .-.\.:lgus had sexually interfered

with and/or ;>hyskilly abused other children at the 52..id institutions.

Failing to institute ::. policy whereby -

(i) Brot.i1er Angus;

(ii) any ;>erson :c-iown or suspected to have com:nitted. sexu2l. offences

and/or physical abuse against ch.ildre:-i;

was banned from all or· the said institutions and from rema.uung as a.

Christian Brother.

}

CT JH.056.11055.0181

-20-

rFIT PARTTClTLARS OF :'-<""EGLIGE:'\CE OF THE SEVE;\7TEE..'\TH DEFE~TI . .\.:~T.

EIG HTEE..."'\7Th~ A:'v fED. 0o"[';TEEN111:{ A:'vfED. T\VE:-:TfETHNA'.\·fED . ..\!'<TI

T\\"E:\TYF1RSTh'...\\fED DEFE'.\"D...\:\T

(a) Failing to :":.!lftl fr.e duties and obligations prescribed under the State

ChiidL"ens . ..\ct 1907 as amended, Child Welfare Act 1947 and the ·

Reguiations :h.ereco for the beiiefa of the plaintiff and other chiidren in the

(b) Failing co e:iforce t:-ie State Childrens Act 1907 - 1927 and the Child

Welfare Act 1947 and th~ Jegulations thereto against the Firstnamed

Defenda..'1t and the pred~essors entitled for L1e time being of the

~ . . . D - . . ' . - h "d . . . l n .. :..r::-:fu7;e;:: e:enc.211t ana ~~e manage:-s Oi ~! e sai tnsatuuons for the

:ir.:e ~e:r.g ,·or rr.e benefit of the plaintiff and t.he other children in the

ir.s~i:uuon .

(c) Through fr.e Child Welfare Depar<:nenc and the poEce failing to respor.d to

co:n[)laints of t..1e s.::..id abuse;

(d) Fwing to i:-:vestigate cor..plaims of the said abuse;

(e) Failing to inspect and/or supervise ?roperly .or at all, the reception of Child

~ligranc to Christian Brothers Schools.

THE P...\RTIClTL...\RS OF :--,'"EGLIGE"'i"CE OF THE SIXTEE\lHN.~vfED

DE FE....'il) . .\.i "ti

(a) Failing to i..."'lspect a..-id/or supe:vise properly or at all, the reception. of Child

:Ytigrant •o Christian Brothers Schools.

.__;)

CT JH.056.11055.0182

-21-

12. Fur:her, or 2.l'ernauvely, •he Erst De:·e:-:daru and •he predecessor ::-i 'i1.1e of the

. ~ 1 _,.

Third Defendant were in breach of the Chiid Welfare Act and t..he Factories and

Shops Ace i. 920 i.n re~ui.ri,•g t:te Pltirn.i.ff to pe:iorm labouring dl!ties:

(a) whilst unde• the age of 16;

(o) without reward .

P2.rricu 12-rs

····~ .. ::> V'lt ............ in breach of thei..r

The Defendants or any" of them stood i.n loco parentis and/or as guardian to the plaintiff during t.1e period. The defendants during u1e period took no or no

· adequate s:eps •o ?rotecc ~1e piainti.ff from the s.2.id abuse. The Defe.ndancs further

took DO steps to advise tr.e piaimiff of ilis tegal rigrm regardir.g ~he s::.id abl!se

and/or 1.0 a...-range for the plai..'1tiff to receive i.nde;ie:1de:1t legal advice relating to

the s.c.i.d abuse. T-:e plaintiff suffered loss and d.2..-;:age described in Paragraph 10

of th.is Staceme:H cf Claim as a cor.sequer;ce of me said breach of fiduciary duty.

i.;. Fu~her, the def~::ti-==nts or 2.1'1Y of them pcr.foG.Tied the said acts of omissions

consatuting the c::.uses of action described herein in reckless, wanton deliberate

and/or conrurnelious dis•egard of the .plaintiff's rights .

P2rticu 12.fs

(a) :he plaintiff refers to rnd repeats the particulars of negligence;

(b) the plaintiff reserves the right to add further particulars follo.,x,'ing

discovery.

._)

CT JH.056.11055.0183

-22-

TO THE DEFE~"DA;-.;TS ['i A l!STRALIA OTHER TI-IA~ :\""EW SOVTH \VALES

(As set out in the Schedule of Defendan•s)

You a:e liaole to s>Jffer j udgme:it or order against you unless che orescribed form of . . notice of your appearance is received in the Registry within t\.i.:enty-one (21) days after

service of th.is St.ateii1ent of Claim upon you .

Your a?pe.arc.nce t0 <.his St.ater.ie:it of Cl2-ir.i mus• give an address at s9me place within 10

kilometres of the office of Supreme Court of New South \Vales at Sydney at which

address proceedings and notices for you. may be left.

TO TffE DEFE~-OANTS N :\'""EW S0l7ffi WALES

(.-\s sec 01..!t in the Sched.uie of Defe:-,d.arn:s)

You are !..!able to suffer judgment or an order against you unless ~1e pre.scribed form of

notice of your appearance ~s rece:ved in the Regis;:ry with.in fourtee:1 (14) days after

service of this Statement of C!a.im :.!pon you. -· · Your appC2.rance to· the Statement of Claim must give an address at some place ..,,,.1.th.in 10

kilometres of the office of the Supreme Court of New South Wales at Sydney at which

address proceedings and notices for you may be left.

Ai'i-0 THE PLAL.~lIFF CLAIMS

(a) Damages;

(b) Punitive and Aggravated Damages;

. (c) Interest

CT JH.056.11055.0184

-23-

The Plaintiff's r.ame and address is c/- Mr Pe~er Gordon, Slater & Gordon Solicitors, 562 Lic-Je Bourke Str~t. Melbouwe 3000.

PL..\f~iTFF'S SOLICITOR PETER GORDON SLATER & GORDON 562 Lictle Bourke Street

PLAI~TfFF'S ADDRESS .. ;::OR SERV1CE:

ADDRESS OF REGISTRY:-

· -:ued:

! ..__.,

~iELBOl.J°KJ.~""E v1C 3000 DX 229 MELBOUR.:.'i"E

.-;: ... ~- ~

cl- Messrs Turner Freeman Lev~l 8 45 Clarence Street SYDN:c. Y NSW .2000 DX 152 SYD(';""EY

Supreme Court Que.ens Square SYD~"EY NSW 2000

c ...... c1 -n-...(,.2 P"'-'' ·<:c1•·"'9 :J.1 rc~sc-:.> c..~· I his/ lll1: :11111cx ure m:irkcd " N" recerred L(;

in the Affi,favit 1'\f. ll('l ;.•( . • (\ (. \-IC::.~, · '~ I..'--.

sworn the J:,) day o[ ·.• l~- i ,J.. at Sydney before me: ~

A~Of~-c?