Laura Hall (a pseudonym) v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn (No 2) (Link to JADE).
The claimant alleged abuse when aged between 5 – 10 years, however alleged that she first recalled the abuse when aged 39 years. As the issue of the recalled memories was significant to the case, the defendants sought orders that the claimant attend (by AVL) for neuropsychological assessment (NSA) by Dr Gibbs. The plaintiff had not agreed to that assessment.
The application was complicated by the recent retirement of the claimant’s expert witness psychiatrist, Dr Dennerstein such that both parties accepted that further evidence was required.
Ultimately the information before the court did not enable the NSA issue to be finally determined. However the court said at [22] when making orders for the parties to serve further evidence from a psychiatrist, psychologist or neuropsychologist, in relation to a potential stay order:
I am mindful in making the orders set out below Ms Hall has not at this stage consented to undergo an assessment with Dr Gibbs. In making orders permitting her to obtain and rely upon additional psychiatric and psychological evidence, it would be open to the Catholic Church to assert some prejudice, were Ms Hall to maintain her resistance to facilitating the securing of evidence in reply. If that situation eventuates it is likely to provide a reasonable foundation for a stay order.
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