The subpoenaed document emerged in an ongoing civil case pursued by survivor CQ, who alleges abuse by Brother Kostka Chute at Marist College Canberra in the mid-1980s. CQ contends that the order concealed long-standing complaints about the serial offender, which church officials deny. Following the court's summons, Carroll & O’Dea withdrew from representing the order because its individual lawyers now require independent counsel. This abrupt departure threatens to postpone this trial and 15 related Chute cases until as late as early 2027.
Key points
Legal advice aimed at protecting institutional leadership and insurance policies has trig…: Legal advice aimed at protecting institutional leadership and insurance policies has triggered potential professional misconduct allegations for the firm's lawyers.
The sudden withdrawal of defense counsel directly halts an active civil claim and forces…: The sudden withdrawal of defense counsel directly halts an active civil claim and forces extended delays for child sexual abuse survivors.
The Marist Brothers continue to deny claims that leadership knowingly concealed prior com…: The Marist Brothers continue to deny claims that leadership knowingly concealed prior complaints about serial offender Brother Kostka Chute.
Sources checked by our analysis pipeline: 1
Lawyers from a leading law firm for the Marist Brothers have been subpoenaed to explain a once-confidential document showing they advised the Catholic order to keep a serial offender out of “the legal arena”, suggesting he was too honest and might implicate senior church officials.
The offender was “regrettably up front” about his interactions with senior leadership, and could not be trusted to heed “suggestions” about “not dumping on others excessively”, the document says.
The Marist Brothers, a Catholic order, holds a shocking clergy abuse record and was found by the royal commission to have shuffled religious brothers across its network of Australian schools when complaints arose, allowing them continued access to children.
The order continues to face a string of civil claims from survivors, and is represented by major law firm Carroll & O’Dea, which has represented Catholic orders like the Marist and Christian Brothers for decades.
Now, one survivor has turned their scrutiny on to the conduct of Carroll & O’Dea itself, asking the ACT supreme court to issue subpoenas to individual lawyers to explain an explosive document…
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