Touma v Diocese of Saint Maron, Sydney

The case of Touma v Diocese of Saint Maron, Sydney involved the applicant seeking an order for a witness to provide evidence via an audio-visual link. The applicant was a party in a proceeding against the first defendant, the Diocese of Saint Maron, Sydney. The Diocese was also a party to the proceeding, and another defendant, Father Joseph Touma, was a priest employed by the Diocese. The dispute centred around the Diocese's alleged failure to protect the applicant from sexual abuse by Father Touma. The application was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether it was in the interests of justice to allow a witness to give evidence via an audio-visual link. The applicant argued that the witness, who was an expert in trauma, would not be available to give evidence in person due to health reasons. The Diocese opposed the application, arguing that the witness was not a party to the proceeding and therefore not subject to the general provisions of the Uniform Evidence Acts allowing for audio-visual links. The court had to determine if the witness could give evidence via an audio-visual link despite not being a party to the proceeding.

The court held that it was in the interests of justice for the witness to give evidence via an audio-visual link. The court noted that the witness was not giving evidence in their capacity as an employee of the Diocese but rather as an expert witness. The court concluded that the interests of justice required the witness to give evidence despite not being a party to the proceeding. The application was thus successful, and the court made the order sought by the applicant.