Like being ‘stabbed in the back’: abuse survivors left without trials after Christian Brothers’ unprecedented legal tactic
Order wants to set up its own scheme outside of court to pay survivors, who have been told they will not get what they are owed in full
TL;DR
- Hundreds of abuse survivor cases against the Christian Brothers have been halted by an unprecedented legal tactic.
- The Christian Brothers claim they are close to bankruptcy and cannot afford to meet compensation claims.
- The order proposes to sell off remaining property and establish its own scheme outside of court to distribute proceeds to creditors, including survivors.
- Church property records indicate the Christian Brothers transferred vast wealth, including land and buildings, to Edmund Rice Education Australia (EREA) for $1 each over the past decade.
- EREA has stated these assets will not be sold to help pay survivors.
- Survivors and their lawyers feel betrayed by the asset transfers, viewing it as an attempt by the Christian Brothers to protect themselves.
- The federal attorney general's spokesperson stated the government takes alleged attempts to hide assets from victims extremely seriously.
- One survivor described the situation as being 'stabbed in the back' just before their trial was due to start.
- Another survivor who had settled a claim expects a payment that will now likely not be made.
- The proposed scheme by the Christian Brothers involves retired judges dividing proceeds from property sales.
- EREA took over the running of former Christian Brothers schools in 2007 and its financial reports show it received transferred land worth $891 million, potentially now worth $2 billion.
- The Christian Brothers stated that if a moratorium on civil proceedings is not granted, the order would enter liquidation.