WJT v Trustees of the Marist Brothers; WXC3 v Trustees of the Marist Brothers; GAC v Trustees of the Marist Brothers

The case involved three separate plaintiffs suing the Trustees of the Marist Brothers, a religious order, for abuse suffered at the hands of members of the order when the plaintiffs were children. The plaintiffs were seeking damages for sexual and other abuse suffered at the hands of members of the order when they were children. The case was heard in the Supreme Court of Victoria. The central legal issue before the court was whether certain evidence of past sexual and other offending by members of the order had significant probative value under section 97(1) of the Evidence Act 2008 (Vic). The plaintiffs argued that the evidence was relevant to show a pattern of offending by members of the order and therefore should be admitted. The defendants argued that the evidence was irrelevant and prejudicial.

The court held that the evidence had significant probative value and should be admitted. The court found that the evidence was relevant to show a pattern of offending by members of the order and therefore had significant probative value. The court also found that the probative value of the evidence outweighed any potential prejudice to the defendants. The court noted that the evidence was not being adduced to prove that the defendants were guilty of the past offences, but rather to show a pattern of offending by members of the order. The court also found that the defendants had not shown any particularised prejudice that would outweigh the probative value of the evidence.

The final orders of the court were that the evidence of past sexual and other offending by members of the order was to be admitted. The court also found that the defendants were vicariously liable for the actions of their employees and that the plaintiffs were entitled to damages. The court referred the matter to a mediator to determine the quantum of damages.