JCB v Bishop Paul Bird for the Diocese of Ballarat

In the matter of JCB v Bishop Paul Bird for the Diocese of Ballarat, the applicants, JCB, sought an amendment to their statement of claim and the joinder of additional defendants. They alleged that the Diocese and its bishops had breached their occupiers’ duty by failing to protect them from sexual abuse by clergy members. The application was heard in the Supreme Court of Victoria.

The primary legal issues revolved around the authority to join additional defendants, specifically a non-government organisation, under the Legal Identity of Defendants (Organisational Child Abuse) Act 2018. The applicants also needed to demonstrate that their proposed cause of action had a real prospect of success and that the amendment and joinder would not prejudice the defendants. Furthermore, the applicants argued that the defendants' defences lacked a proper basis due to inconsistencies with their submissions to the Royal Commission into Institutional Responses to Child Sexual Abuse.

The court considered the relevant statutory provisions and case law to assess the applicants' entitlement to amend their statement of claim and join additional defendants. The court concluded that the proposed joinder of the non-government organisation was not authorised by the Legal Identity of Defendants (Organisational Child Abuse) Act 2018, as it did not fit within the prescribed categories of defendants. The court also found that the amendment and joinder of additional defendants would cause significant prejudice to the existing defendants, who had not had the opportunity to respond to the new claims. Lastly, the court determined that the applicants' proposed cause of action had a real prospect of success, but this was outweighed by the prejudice caused to the defendants. As a result, the application for amendment and joinder was refused.

The court ordered that the applicants pay the costs of the application.