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Harrington v Coote

Harrington v Coote

Case [2013] SASCFC 154 23 December 2013

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SUPREME COURT OF SOUTH AUSTRALIA
(Full Court)
HARRINGTON & ORS v COOTE & ANOR
[2013] SASCFC 154
Judgment of The Full Court
(The Honourable Chief Justice Kourakis, The Honourable Justice Gray and The Honourable Justice Peek)
23 December 2013
CHURCHES AND RELIGIOUS ASSOCIATIONS - CONSTITUTION, MANAGEMENT AND POWERS - JURISDICTION OF COURT - GENERALLY
CHURCHES AND RELIGIOUS ASSOCIATIONS - GENERAL MATTERS - CHURCHES - GENERALLY - NATURE OF ASSOCIATION
CHURCHES AND RELIGIOUS ASSOCIATIONS - CONSTITUTION, MANAGEMENT AND POWERS - POWERS OF SYNOD
The first defendant was a licensed Priest of the Anglican Church. On 13 August 2007, the Professional Standards Committee of the Diocese of the Murray received and investigated a complaint of sexual misconduct alleged against the first defendant. Questions of the first defendant's fitness to hold office were referred to the Professional Standards Board of the Anglican Diocese of the Murray. The first defendant was suspended from the clergy. The Board made recommendations concerning the questions of fitness. These recommendations were set aside upon review and a fresh review conducted by a newly constituted Board. The Board made determinations and recommended that the first defendant be suspended from holding office. The first defendant sought a review of the Board's determinations. On 27 April 2011, the second defendant was appointed reviewer. The second defendant held that the Professional Standards Ordinance under which the Board had acted was valid, but that it did not authorise the nature of the inquiry which had been undertaken regarding the first defendant.
The plaintiffs - who are five members of the Professional Standards Committee, the administrator of the Diocese of The Murray and the Synod of the Diocese of The Murray of the Anglican Church of Australia Incorporated - seek declarations that the Professional Standards Board had jurisdiction to determine a reference made by the Professional Standards Committee and that the second defendant's determination that the Professional Standards Ordinance 2007 does not authorise an inquiry into the conduct of the first defendant during the period 1994-1998 is invalid. An injunction is sought restraining the second defendant from making any determination or order under the Professional Standards Ordinance 2007.
Whether the matter is justiciable. Whether the Professional Standards Ordinance 2007 is invalid by reason of being inconsistent with the Constitution of the Anglican Church of Australia. Whether the Professional Standards Ordinance 2007 authorises an inquiry by the Professional Standards Board into the fitness for office of the first defendant for the time period 1995 to 1998. Whether the second defendant's determination is invalid.
Held (Kourakis CJ and Gray J, Peek J agreeing):
(1) The matter is justiciable.
(2) The Professional Standards Ordinance 2007 is not invalid.
(3) The Professional Standards Ordinance 2007 authorises an inquiry by the Professional Standards Board into the fitness for office of the first defendant for the time period 1995 to 1998.
(4) The second defendant misunderstood the nature of the inquiry undertaken by the Board and did not address the issue for review. He failed to recognise the difference between…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Harrington v Coote

Details

AGLC: Harrington v Coote [2013] SASCFC 154
Case: [2013] SASCFC 154
Decision Date: 23 December 2013

CaseChat Overview and Summary

The Supreme Court of South Australia, constituted by Kourakis CJ, Gray and Peek JJ, considered a dispute between Harrington and Coote concerning the governance and management of a church. The nature of the religious association and the powers of its Synod were central to the proceedings.

The court was required to determine the extent of its jurisdiction to intervene in the internal affairs of a religious organisation, particularly in relation to the interpretation and application of the church's constitution and the validity of decisions made by its governing body, the Synod. The case also involved questions regarding the legal status of the church as an association and the scope of the Synod's powers under its constitution.

The court's reasoning focused on the principle that civil courts are generally reluctant to interfere in the internal governance of religious bodies unless there is a demonstrable legal right being infringed or a breach of contract or trust. The judges examined the church's constitution to ascertain the respective powers of its various organs and the rights of its members. They applied principles of contract law and trust law where applicable, but ultimately found that the dispute primarily concerned the internal management and disciplinary processes of the religious association, which the court was not empowered to adjudicate upon in the absence of a clear legal error or infringement of rights.

The court dismissed the application, finding that it lacked jurisdiction to grant the relief sought by the applicant.

Orders