The appellant, GLJ, alleged that she was sexually abused by a priest within the Diocese of Lismore in 1968, when she was fourteen (14) years of age. GLJ instituted proceedings against the Diocese, alleging that it was liable in negligence, and also vicariously liable for this abuse.  

On 17 November 2020, the Diocese filed an application seeking a permanent stay of proceedings, contending that a fair trial could not be held as, amongst other reasons, the alleged perpetrator and other witnesses had since passed away.  

At first instance, in the New South Wales Supreme Court, Campbell J dismissed the Diocese’s application, opining that the Diocese had failed to discharge its onus, on the balance of probabilities, to demonstrate that a fair trial was not possible. Thereafter, the Diocese sought leave to appeal the decision.  

The New South Wales Court of Appeal subsequently overturned the Supreme Court’s decision, finding that whilst tendency evidence existed, along with other documents which supported GLJ’s allegations, the Diocese could not obtain a fair trial. Central to the decision was the death of the alleged perpetrator in 1996, with Mitchelmore JA opining that the Diocese was “at a significant disadvantage on the issue of whether Father Anderson assaulted GLJ” as they were incapable of obtaining any account from Father Anderson, nor other priests in the parish. Accordingly, the Court of Appeal granted a permanent stay of proceedings.