LAWYERS representing more than 30 former students of Marist College in Canberra have mounted a potentially explosive action to sue dozens of individual teachers, after the Catholic order indicated it might use a legal loophole to escape liability for alleged sexual abuse. Canberra firm Porter Lawyers this week filed papers in the ACT Supreme Court seeking the names of former principals, deputy principals and senior teachers who worked at the private Catholic school from 1970 to 1994.
The firm claims that administrators of Marist College had knowledge of sexual abuse inflicted by some teachers, but failed to act.
Porters Lawyers' move follows a press release issued by Brother Alexis Turton for the Marist order on Monday, the day that former Marist College teacher John William Chute, known as Brother Kostka, was jailed for two years for the sexual abuse of six students.
"The Marist Brothers are determined to right the wrongs of the past," Brother Alexis said.
He encouraged victims to go through the private mediation process established by the Catholic church known as Towards Healing, rather than legal action.
He said: "What is at issue in the current actions in the ACT Supreme Court is whether it is appropriate to sue the particular legal entity named in the suit, given earlier court decisions involving other church bodies."
Porter Lawyers principal Jason Parkinson told The Weekend Australian it was clear the order planned to rely on a NSW Court of Appeal decision known as the Ellis case in a bid to avoid legal liability.
The Catholic church successfully fought the Ellis case, obtaining a judgment that priests were not agents of the church and therefore it could not be sued for their actions.
The solicitor representing Marist Brothers, Howard Harrison, confirmed that Brother Alexis was referring to the Ellis case.
Mr Parkinson said his firm now had no choice but to sue the senior teachers.
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