Lawyers say strategy a ‘matter of continuing concern’ after church succeeds in permanently blocking claim by two Indigenous men
five months after Perrett’s death, but the church on Wednesday obtained permanent stays, preventing their cases from going to trial. They successfully argued the death of Perrett and other witnesses meant it could no longer obtain the material it needed to prepare a defence and fairly participate in the trial, despite allegations from the survivors’ lawyers that it had ample opportunity to anticipate and prepare for civil claims while Perret was alive.
Plaintiff lawyers say the threat of permanent stays is also being used during settlement negotiations to force survivors to accept paltry sums or risk having their cases halted permanently by the courts. The high court is expected to soon hand down a landmark judgment in one stay case, that of GLJ, which could potentially change the way stays are treated by Australian courts.
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