The Catholic Church has filed paperwork in the High Court to challenge a ruling by Victorian judges that would allow the father of a choirboy allegedly sexually abused by Cardinal George Pell to sue for damages.
The father, who cannot be named, has a claim for damages pending against the Catholic Archdiocese of Melbourne and Cardinal Pell.
He claims to have suffered nervous shock after learning of allegations the cardinal sexually abused his now-deceased son in the mid-1990s.
Cardinal Pell, who maintained his innocence until his death in January, had five convictions for abusing the man's son and another boy overturned by the High Court in 2020.
Victorian Supreme Court Justice Michael McDonald ruled against the Catholic Church in its bid to be excluded from the case in August 2022, finding claims for damages could be made by secondary victims, including the boy's father.
That ruling was upheld by Victoria's Court of Appeal in August 2023, in knocking back an application by the archdiocese for leave to appeal.
The judges found no reference in legislation to any particular individual or category of individual who could be plaintiffs in civil claims, noting no apparent limitations to primary victims or survivors.
They said parliament could have easily taken steps to narrow the scope of the law, and failure to do so suggested there was no intention to do so.
They also noted Justice McDonald's construction of the law was consistent with the purpose of the act, to overcome perceived unfairness of the Ellis defence, which limited the church's liability.
Paperwork to challenge the Court of Appeal's ruling in the High Court was filed by the Catholic Archdiocese of Melbourne in late September.
It's understood Bret Walker SC is leading the case.
He represented Cardinal Pell in his successful High Court challenge.
Gabrielle Verhagen, representing the father, has previously accused the Catholic Church of trying to exploit a legal loophole
After royal commission findings into child sexual abuse, she said the church should be doing everything in its power to compensate victim and survivors, rather than washing its hands of responsibility.
The High Court has two dates available for special leave applications before the end of this year, but a date is yet to be set for the matter.
