Hundreds of abuse trials against the Christian Brothers have been abruptly halted after the religious order announced an unprecedented legal manoeuvre, claiming it faces imminent bankruptcy. This development has left survivors, many of whom were on the cusp of having their cases heard, feeling betrayed and deeply distressed, with one describing the experience as being 'stabbed in the back'.
The Christian Brothers are seeking a permanent moratorium on the numerous claims lodged by survivors of abuse in their former schools and orphanages. Instead of continuing with court proceedings, the order proposes to sell its remaining property portfolio and establish an independent scheme to divide the proceeds among all creditors, including the survivors. This move suggests that the funds generated from these sales may not be sufficient to fully compensate each individual for their suffering.
Adding to the controversy, church property records obtained by Guardian Australia reveal that over the past decade, the Christian Brothers have transferred substantial wealth, including land, school buildings, and multi-million-pound properties, to another Catholic entity, Edmund Rice Education Australia (EREA), for just £1 each. EREA has indicated that these transferred assets will not be made available to help compensate survivors.
The Australian Attorney General, Michelle Rowland, through a spokesperson, stated that the government views 'any alleged attempts by institutions to hide assets from victims of child sexual abuse extremely seriously'. Legal firms representing survivors, such as Arnold Thomas & Becker, with 78 claims against the Christian Brothers, have confirmed they will be meticulously examining these property transfers. Partner Jodie Harris highlighted that survivors are aware of the asset movements, perceiving them as another attempt by the Christian Brothers to protect themselves at the expense of those whose lives have been devastated.
The impact on survivors has been profound. One individual, whose trial was due to commence, expressed immense pain at the last-minute abortion of their case, describing it as a re-infliction of trauma. Another survivor, who had taken out a loan in anticipation of an imminent settlement payment, now faces financial uncertainty as that payment will not be made. The suddenness of the Christian Brothers' proposed moratorium meant lawyers had very little prior warning, exacerbating the distress for those involved.