AFL club Western Bulldogs rocked by historical child sexual abuse scandal

[Eastdog]

Article behind a paywall

https://www.heraldsun.com.au/subscri...egment-1-SCORE


Bulldogs win fight to slash child sex abuse survivor’s record $5.9m payout

A $5.9m payout by the Western Bulldogs to a child sex abuse survivor has been slashed by more than half, despite an appeal finding the club was still responsible for the horrific ordeal.

[Grantysghost]

Article behind a paywall

https://www.heraldsun.com.au/subscri...egment-1-SCORE


Bulldogs win fight to slash child sex abuse survivor’s record $5.9m payout

A $5.9m payout by the Western Bulldogs to a child sex abuse survivor has been slashed by more than half, despite an appeal finding the club was still responsible for the horrific ordeal.

Still a shit ton and enough to cause a lot of damage.

[Axe Man]

$5.9m payout by Western Bulldogs to child sex abuse survivor Adam Kneale slashed by more than half

A record $5.9m compensation payout by the Western Bulldogs to a child sex abuse survivor has been slashed by more than half on appeal.

But the AFL club failed to overturn a jury’s finding that it was liable for Adam Kneale’s suffering at the hands of fundraising volunteer and convicted pedophile Graeme Hobbs in the 1980s, which his lawyers hailed as a victory.

A Supreme Court jury returned the landmark verdict last year, awarding Mr Kneale $5,943,151 in damages — the largest sum awarded by a jury to an abuse survivor in Australia and the first against an AFL club.

The club appealed both the jury’s findings and the compensation payout.

On Thursday, the Court of Appeal slashed the jury’s award for pain and suffering and economic loss, reducing the total payout to $2,637,573.

But it upheld the jury’s finding that the club was liable for the years-long sexual abuse suffered by Mr Kneale as a teenager.

Mr Kneale’s lawyer, Rightside Legal partner Michael Magazanik, said the ruling sent a strong message that organisations would be held to account.

“The Western Bulldogs will pay a hefty price for their failure, but that’s nothing compared to the cost to Adam. The Club caused him massive pain and suffering but tried to avoid paying him anything,” he said.

“The Bulldogs leadership in the 1980s and 90s had chances to stop the abuse, but a series of red flags was ignored.

“And even now the club’s current leadership can’t or won’t face the music — it fought Adam to verdict at trial and lost. And now it has lost again.”

Mr Magazanik said the revised sum of $850,000 for pain and suffering remained the highest award for general damages in Australian legal history.

With interest, Mr Kneale will receive about $2.9m.

Mr Kneale said his case was never about the money.

“A jury of regular people believed me, not the club and its lawyers, when they awarded me record damages, and nothing will take away that vindication of my story of what I suffered as a teenager, and ever since,” he said.

In a statement, the Bulldogs welcomed the decision to slash the payout.

“Notwithstanding the overall finding on liability, the Club also welcomes the Court of Appeal President’s dissenting judgment which additionally found that the initial Supreme Court decision should not have deemed the Club liable in any way,” it said.

“The Club would like to again express its sorrow at the suffering endured by Mr Kneale at the time and acknowledge the pain which he continues to carry because of the trauma he has experienced.”

The three-week trial last year heard Hobbs, now dead, was a “Jack of all trades” at the Western Bulldogs, then known as Footscray Football Club, and a star fundraising volunteer for the cash-strapped team in the 1980s.

He was also a predator who abused a young Mr Kneale between 1984 and 1990 in club offices, boardroom, staff toilets, change rooms and a stand, as well as on a bus travelling with the cheer squad to and from Sydney.

Fearing Hobbs could prey on other children, Mr Kneale reported him to police in 1993.

Hobbs confessed and was jailed before he died in 2009.

In its appeal, the Bulldogs claimed “red flags” reported to senior club officials about Hobbs, including that he was a “sleazy character”, were not evidence enough to show he would commit child sexual abuse.

[Axe Man]

Wasn't there a recent abuse case where the Catholic Church wasn't liable because the priest wasn't an employee? Yet the club is liable for the actions of a volunteer. I'm not trying to argue one way or the other as it really is a horrible situation but the two cases are hard to reconcile.

[Grantysghost]

"it's not about the money"

Well then what's it about, the guy is dead.

I can't imagine how many years of membership profits that has taken away.

Bring back the pokies I say, because that seems to be ok with everyone.

Sad all round and I don't see how this changes anything.

[jeemak]

Wasn't there a recent abuse case where the Catholic Church wasn't liable because the priest wasn't an employee? Yet the club is liable for the actions of a volunteer. I'm not trying to argue one way or the other as it really is a horrible situation but the two cases are hard to reconcile.

Yes I read about that and was plainly too angry to post or draw comparisons with our situation. Get me started on the church and I won't stop.

[jDogs]

I can't imagine how many years of membership profits that has taken away.

Membership revenue - membership expenses for 2024 = $4.1 million

We actually received $2.9 million in donations for 2024 so this basically covers it I suppose.

[Grantysghost]

Membership revenue - membership expenses for 2024 = $4.1 million

We actually received $2.9 million in donations for 2024 so this basically covers it I suppose.

There you go. Well managed !

[bulldogtragic]

I wonder if we go to the High Court. The Presidents dissent indicates it isn’t a straight forward decision. George Pell also had a dissent in his appeal and went to the HCA and won 7-0. With other potential cases coming from this guy’s criminal activity, a HCA ruling the club isn’t liable stops all further claims in its tracks.

[D Mitchell]

I wonder if we go to the High Court. The Presidents dissent indicates it isn’t a straight forward decision. George Pell also had a dissent in his appeal and went to the HCA and won 7-0. With other potential cases coming from this guy’s criminal activity, a HCA ruling the club isn’t liable stops all further claims in its tracks

.

Yes, the Club should go to the High Court. Pell was first convicted on the uncorroborated evidence of an alter boy 40 years plus after the event, went to the Court of Appeal, which ignored the opinion of the most credible of the 3, Weinberg J, then to the High Court, straight to the boundary, as you say, 7:nil. Here, the Club's found to be liable on the ground that it "ought to have known" that Hobbs was a pedaphile, based on the uncorroborated evidence of a 16 year old U 19 player that he thought Hobbs was a sleaze. Again upheld by the Court of Appeal, the most credible Judge, the President of the Court of Appeal, in dissent. The parallels are uncanny. Liberal Democracies rise and fall on the quality of their judiciaries. We shouldn't have to go to the High Court to get decisions based on credible evidence.

[D Mitchell]

[QUOTE=bulldogtragic;n1307423]I wonder if we go to the High Court. The Presidents dissent indicates it isn’t a straight forward decision. George Pell also had a dissent in his appeal and went to the HCA and won 7-0. With other potential cases coming from this guy’s criminal activity, a HCA ruling the club isn’t liable stops all further claims in its tracks.

Yes, the Club should go to the high Court. Cardinal Pell was first convicted on the uncorroborated evidence of an alter boy 40 years plus after the event, went to the Court of Appeal, which ignored the opinion of the most credible of the 3, Weinberg, then to the High Court, straight to the boundary, as you say, 7:nil. Here, the Club's found to be liable on the ground that it "ought to have known" that Hobbs was a pedaphile, based on the uncorroborated evidence of a 16 year old U 19 player that he thought Hobbs was a sleaze. Again upheld by the Court of Appeal, the most credible Judge, the President of the Court of Appeal, in dissent. The parallels are uncanny. Liberal Democracies rise and fall on the quality of their judiciaries. We shouldn't have to go to the High Court to get decisions based on credible evidence.

[Prince Imperial]

This is behind a paywall but it confirms that the club has made a special leave application to the High Court. I am not surprised given the extremely flimsy nature of the evidence that the jury relied upon to find the club liable.

https://www.lawyerly.com.au/bulldogs-takes-fight-over-damages-for-fans-abuse-to-high-court/

[bulldogtragic]

This is behind a paywall but it confirms that the club has made a special leave application to the High Court. I am not surprised given the extremely flimsy nature of the evidence that the jury relied upon to find the club liable.

https://www.lawyerly.com.au/bulldogs-takes-fight-over-damages-for-fans-abuse-to-high-court/

I was hoping the club would seek leave to test this. Bearing in mind the litany of cases that will follow I think the court should hear it and set a clear precedent. Not to mention the SCA President strong dissent in the appeal.

I wouldn’t be surprised if this gets overturned if it gets a hearing. Some very good KC’s have been working on it and I doubt they advised to just take a punt on a HC hearing. I wonder who our proposed KC for that potential hearing is. I’m not sure if Jack Rush is a regular up there.

[Prince Imperial]

The club's special leave application to the High Court has been dismissed with costs awarded against us.

The club is now in a precarious position with several other legal actions from persons making claims against the club in relation to Hobbs needing to be resolved.

[Bornadog]

The club's special leave application to the High Court has been dismissed with costs awarded against us.

The club is now in a precarious position with several other legal actions from persons making claims against the club in relation to Hobbs needing to be resolved.

Disaster