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Civil compensation claims for survivors of clergy and religious order abuse

If you experienced sexual abuse as a child in a church, religious school, or institution run by a religious order, you may be entitled to civil compensation. Koffels Solicitors & Barristers has acted for survivors of church and clergy abuse across Australia since 2010 – against Catholic dioceses, the Marist Brothers, the De La Salle Brothers, the Christian Brothers, and many other religious organisations.

Initial consultations are free and confidential. Call 02 9283 5599 or use the contact form below.

What is church abuse compensation?

Church abuse compensation refers to civil compensation obtained from a religious institution whose failure to protect a child in its care led to that child being sexually abused. Compensation is not paid by the individual offender – it is paid by the institution, based on its legal responsibility for the conduct of priests, brothers, teachers, and other staff who abused children under its authority.

Civil compensation claims against religious institutions are assessed on your individual circumstances. They can include general damages for pain and suffering, psychological injury damages, past and future economic loss, and past and future treatment costs. There is no cap on civil compensation.

How institutions are held liable

Religious institutions can be held legally responsible for abuse carried out by priests, brothers, and other staff in a number of ways:

  • Non-delegable duty of care. The High Court of Australia confirmed in AA v Diocese of Maitland-Newcastle [2026] HCA 2 – in which Koffels represented the appellant – that a diocese can be held directly liable for abuse carried out by a priest under its authority, even where the abuse was not authorised or known to the institution at the time. Institutions cannot escape responsibility by claiming structural separation from offenders.
  • Vicarious liability. Where an institution placed an offender in a position that gave them the opportunity and authority to abuse children, it can be held vicariously liable for the abuse that followed.
  • Systemic failure. Where an institution knew or should have known about abuse and failed to act – moving offenders between parishes or schools rather than removing them, concealing complaints, or failing to implement appropriate child protection measures – this systemic failure forms the basis of a negligence claim.

For more on how institutional liability has evolved following the Royal Commission into Institutional Responses to Child Sexual Abuse, see our Royal Commission guide.

Religious institutions Koffels have acted against

Koffels has acted for survivors in matters involving a wide range of Catholic and non-Catholic religious institutions across Australia, including:

Catholic dioceses and archdioceses, including the Diocese of Maitland-Newcastle, the Diocese of Lismore, the Diocese of Wollongong, the Archdiocese of Ballarat, the Archdiocese of Melbourne, and the Catholic Diocese of Western Australia.

Religious orders, including the Marist Brothers, the De La Salle Brothers, the Christian Brothers, the Salesians of Don Bosco, the Patrician Brothers, the Sisters of St Joseph, and the Jesuit order.

Church-run schools, including Marist Brothers schools across NSW, St Joseph’s College Hunters Hill, Red Bend Catholic College Forbes, St Patrick’s Catholic Church Wallsend, and Parramatta Marist High School.

Non-Catholic churches, including the Anglican Church in Australia and the Church of England Boys’ Society.

If your institution is not listed here, contact us directly. We act in matters involving a wider range of religious institutions than are currently published on this site.

The National Redress Scheme and church abuse

Many religious institutions are members of the National Redress Scheme. However, accepting a Redress payment permanently extinguishes your right to bring a civil compensation claim against the same institution. For survivors with viable civil claims, the Scheme’s capped payments – averaging around $80,000 for serious abuse, with a maximum of $150,000 – are in most cases substantially less than what a civil claim would produce.

Before accepting any offer from the National Redress Scheme, we strongly recommend obtaining independent legal advice. We do not lodge Redress applications, but we provide free, confidential advice on whether the Scheme or a civil claim is the better pathway in your specific circumstances.

For more on the Scheme’s limitations and how it compares with civil compensation, see our National Redress Scheme guide.

Limitation periods for church abuse claims

In New South Wales and most other Australian states and territories, limitation periods for civil claims arising from child sexual abuse have been removed. This means the fact that abuse occurred decades ago does not, by itself, prevent you from bringing a claim now. Many of our clients are pursuing claims for abuse that took place 20, 30, or 40 years ago.

Some survivors previously signed deeds of release or settlement agreements with dioceses or religious orders. Recent legislative reforms in NSW, Victoria, and Queensland allow some survivors to challenge or set aside these agreements where they were reached under unfair circumstances. If you signed a settlement in the past and are unsure whether you still have options, contact us for advice.

For a full explanation of limitation periods across all Australian states, see our guide to time limits for historical abuse claims.

How Koffels approaches church abuse claims

Koffels has represented survivors of clergy and church abuse for over 15 years. Our institutional abuse practice includes matters against some of Australia’s largest Catholic dioceses and religious orders, and we represented the appellant before the High Court of Australia in AA v Diocese of Maitland-Newcastle [2026] HCA 2 – the landmark decision that established that a diocese can be held directly liable under a non-delegable duty of care for abuse carried out by its priests.

We file formal legal proceedings in the vast majority of matters we take on. Most matters settle through mediation rather than through a hearing. In appropriate cases, we have secured written apologies from institutions as part of the negotiated outcome, on top of the financial settlement.

We act on a no-win, no-fee basis for matters we assess as reasonably likely to succeed. Initial consultations are free and confidential.

Frequently asked questions

Can I make a claim if the priest or brother who abused me is dead?

Yes. A civil compensation claim for church abuse is made against the institution, not the individual offender. The death of the perpetrator does not prevent a claim against the diocese or religious order. Many of our matters involve offenders who have since died, never faced criminal charges, or were moved between institutions and are no longer traceable.

What if the diocese or religious order says it is not responsible for the abuse?

This is a common defence, particularly from larger dioceses and religious orders with complex governance structures. The High Court’s decision in AA v Diocese of Maitland-Newcastle [2026] HCA 2 directly addressed this – the Court found that a diocese cannot escape liability by claiming structural separation from the priest who committed the abuse. Institutions can still be held responsible even where they did not authorise the abuse or know about it at the time.

What if the church or institution I was abused in no longer exists?

Many Catholic parishes, schools, and institutions have closed, merged, or restructured. In most cases, legal responsibility passes to a successor body, the diocese or archdiocese that oversaw the institution, or an insurer. Identifying the correct defendant in historical church abuse matters is part of assessing your claim.

I signed a settlement with the diocese years ago. Do I still have options?

Possibly. Recent legislative reforms in NSW, Victoria, and Queensland allow survivors to apply to have past deeds of release set aside where they were executed under unfair circumstances, such as when the survivor was not independently represented, did not understand what they were signing, or the settlement was grossly inadequate. Contact us to discuss whether your circumstances fall within the scope of these reforms.

Can I make a claim if I also reported the abuse to the police?

Yes. Civil compensation claims and criminal prosecutions are entirely separate processes. A civil claim does not depend on a criminal conviction or even a criminal investigation. Many survivors pursue civil claims while criminal proceedings are underway or have concluded, and some pursue civil claims where no criminal charges were ever laid. We can advise on how the two processes interact in your specific circumstances.

How much compensation can I expect from a church abuse claim?

There is no standard figure – compensation is assessed on your individual circumstances, including the severity and duration of the abuse, its impact on your health, career, relationships, and quality of life, and the evidence available. What we can say is that civil claims handled thoroughly by experienced lawyers consistently produce outcomes that substantially exceed what the National Redress Scheme would have provided in the same circumstances.

Who is the best church abuse compensation lawyer?

A specialist church abuse compensation lawyer should have extensive experience in claims against the specific type of institution or religious order involved in your matter, a track record of running matters properly rather than settling quickly for less than they are worth, and a clear, honest approach to advising you on whether civil compensation or the National Redress Scheme is the better option in your circumstances. Koffels has acted in church abuse claims across Australia for over 15 years, has represented survivors before the High Court of Australia, and acts on a no-win, no-fee basis.

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