In a groundbreaking decision, the Australian High Court has ruled against the Catholic Church's strategy of using the deaths of paedophile priests as a shield in abuse claims. This landmark case challenges the Church's practice of seeking permanent stays in historical abuse matters, a tactic revealed by a Guardian investigation to be commonly used for dismissing or minimizing survivors' claims. The High Court's ruling, articulated by Chief Justice Susan Kiefel and Justices Stephen Gageler and Jayne Jagot, emphasized the critical importance of courts hearing and deciding cases except in truly exceptional circumstances. They are quoted as stating, "If a court refuses to exercise its jurisdiction to hear and decide cases in other than exceptional circumstances and as a last resort to protect the administration of justice through the operation of the adversarial system, that refusal itself will both work injustice and bring the administration of justice into disrepute," meaning that denying justice on technical grounds, such as the death of perpetrators or loss of evidence, undermines the integrity of the judicial system and perpetuates injustice. This ruling signals a significant shift, prioritizing survivors' rights to seek justice over the Church's defensive tactics and underscores the courts' role in upholding justice, especially in cases of historical abuse where evidentiary challenges are common.
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