At Judy Courtin Legal we work tirelessly for justice and accountability for victims of institutional child abuse.
Dr Judy Courtin
B.App.Sci; LLB (Hons);
Dip.Legal Practice;
PhD (Law)
>> 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.
