Trying Historic Abuse Claims Without the Accused

In this episode the Wigs discuss a trio of recent high court decisions that deal with a pretty new question, when can a civil claim for sexual abuse said to have occured many decades ago be fairly tried, even when the alleged assailant has died and much related evidence lost. This question has emerged following the abolition by state parliaments of statutes of limitation, that previously prevented such "historical" claims from being advanced. The discussion touches on a number of fundamental legal questions including what is a fair trial, what is abuse of process and how and when can the parliament legislate to effectively alter these principles. The cases discussed are Willmot v The State of Queensland [2024] HCA 42, RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 and GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore[2023] HCA 32. Now,See omnystudio.com/listener for privacy information.