RC v The Salvation Army (Western Australia) Property Trust

The High Court of Australia heard an appeal concerning an application by the respondent, The Salvation Army (Western Australia) Property Trust, for a permanent stay of proceedings brought by the appellant, RC. RC alleged sexual abuse by a Salvation Army officer during his placement at the Nedlands Boys' Home in 1959 and 1960. The Salvation Army sought the stay on the grounds that the significant passage of time since the alleged events, the deaths of the alleged perpetrator and other potential witnesses, and the absence of documentary evidence rendered a fair trial impossible, constituting an abuse of process.

The central legal issue before the High Court was whether the continuation of RC's proceedings against the Salvation Army would constitute an abuse of process, justifying a permanent stay. This required the Court to determine if the prejudice allegedly suffered by the Salvation Army due to the delay was so profound as to make a fair trial impossible, notwithstanding the absence of a limitation period for child sexual abuse actions under section 6A of the *Limitation Act 2005* (WA). The Court also considered the onus of proof on the party seeking the stay.

The High Court reasoned that the Salvation Army had failed to discharge its heavy onus of proving that a fair trial was not possible. While acknowledging the difficulties presented by the passage of time, the Court found that the Salvation Army possessed sufficient information to make a meaningful response to RC's allegations. The Court emphasised that cases where a party can do little more than deny the main allegation are routinely tried, and a trial judge exercises care in such circumstances. The Court concluded that the Salvation Army had not demonstrated that the trial of the joined issues would be unfair, and therefore, the proceedings should not be permanently stayed.

Consequently, the High Court allowed the appeal, setting aside the orders of the Court of Appeal of Western Australia. The Court ordered that the Salvation Army's application for a permanent stay be dismissed and that the proceedings proceed to trial. The Salvation Army was ordered to pay RC's costs of the application and the appeal.