At Judy Courtin Legal (JCL) we work tirelessly trying to obtain accountability and justice for victims/survivors of institutional child sexual and physical abuse.
Dr Judy Courtin
B.App.Sci; LLB (Hons);
Dip.Legal Practice;
PhD (Law)
Our philosophy is based on what is best for our clients. As well as going through a legal process, we also focus on what is important for our clients and what concerns they might have. Addressing these ‘interests’ throughout the legal process enables us to focus on the whole person.
Our lawyers at JCL have carriage of a limited number of cases – about a quarter to a third of the number of cases normally assigned to lawyers of many of the big plaintiff law firms. This approach is intentional an means we are able to spend considerably more time with our clients.
Institutional abuse law is dynamic. At JCL we also campaign for legislative reform and advocate strongly for our clients and all victims / survivors in the country. We stand up to institutions and call them out when they adopt an unnecessarily legalistic and adversarial approach – which is most of the time.
We understand how these legal processes cause a whole new round of abuse and trauma for our clients. This should not be the case. Contrary to the institutions’ pledges and promises to the Royal Commission that they would be compassionate and act as model litigants, they consistently do the opposite.
>> The Cruelty of Marists
Despite vowing to support those who had suffered sexual abuse in their institutions, the Marist Brothers are uniquely aggressive in using the law to crush accusers.
Read this article from The Saturday Paper by Judy Courtin here.
>> A new type of legal liability for victims / survivors of institutional child sexual and physical abuse.
On 11 February, 2026 the High Court handed down a critical decision, AA v The Maitland-Newcastle Diocese, which has opened up a third potential pathway to find a defendant institution legally liable or responsible for the harm caused to victim/survivors of institutional child abuse.
This duty of care means, amongst other things, that we do not necessarily have to prove that the institution had prior knowledge of the particular offender. We need to show that there was a special relationship between the child and the institution which automatically establishes a duty of care. The institution must ensure that reasonable care was taken to prevent reasonably foreseeable harm/injury to the child.
If not, that duty of care is breached.
Read the High Court’s judgement summary here.
>> Critical new legislation in Victoria and the ACT.
Victoria and the ACT have passed important legislation which reverses the November 2024 High Court decision, Bird v DP. The High Court agreed with the Catholic Church that Catholic clergy were not employed. This retrograde decision directly impacted thousands of victim / survivors in Australia. The new legislation provides a new legal pathway for those impacted victim / survivors.
Read about this new legislation here.
