Similar provisions elsewhere

EXV v Uniting Church [2024] NSWSC 490

Weinstein J refused to set aside under new laws  deeds of settlement already concluded between child sex abuse victims and the church14.  Similar laws had been enacted elsewhere at the same time.  What impact should decisions under those laws have?

The judge (at [166]) drew attention to comments by Gageler J saying the provisions elsewhere were different enough as to make decisions under them inapplicable15.  Weinstein J accepted this but maintained those decisions were ‘not wholly irrelevant’.  He said those decisions are guides only, but that ‘coherent development of the law’ was not promoted by adopting a different approach.

This principle is from Episode 109 of interpretation NOW!


14 s 7D of the Civil Liability Act 2002 (NSW) commencing 18 November 2021.

15 cf TRG v Trustees of the Brisbane Grammar School [2021] HCATrans 92.