Geelong lawyers drive landmark case

The case “JCB v Bishop Paul Bird” marks what the lawyers involved believe to be the first time in Victoria, if not Australia, that the Catholic Church has given an admission of liability in a civil proceeding for the abuse committed by one of its priests.

The offender, Gerald Risdale, has admitted to the rape of several victims between 1961 and 1988 in Western Victoria and has been in prison since 1994.

The Catholic Church initially denied liability for Risdale having raped a nine-year-old JCB in the early 1980s. But O’Brien, of Walsh Chambers Geelong, says a complaint the late Bishop Ronald Mulkearns received about Risdale in 1975 helped disprove the church’s claim of ignorance.

“I was involved in the parliamentary inquiry into the Royal Commission, so I’ve been doing this now for about eight years. And so it came out of my work in that.”

The Catholic Church’s eventual admission of liability meant that JCB, who O’Brien describes as “a very courageous individual,” was able to seek compensation.

While Mr O’Brien said he was unable to comment on the amount of the settlement, he said it shows others who were victims of Risdale they could get compensation.

“It sets immediate precedent for any other victim of Risdale, at least post 1975 and potentially earlier.”

Mr O’Brien and Mr Taylor opened Walsh Chambers in Geelong last year, and have been working on this specific case even longer. They are also working on a number of other cases involving institutional child abuse.

Mr O’Brien said the pair were hugely thankful for the support of the community during this time.

“We couldn’t do it without the support of our wonderful community, especially Lifeboat Geelong, the AMC and Torquay and Anglesea footy clubs.”

Mr O’Brien encouraged others who had been victims to get in touch with victims’ support groups or lawyers, noting that they could keep their names anonymous, as their client did in this case.

“The main thing is people get support for their mental health.”

*Support is available for those who may be distressed by phoning Lifeline 13 11 14, the Suicide Call Back Line on 1800 659 467, Mensline on 1300 789 978 or the Kids Helpline on 1800 551 800.