wv .c • ~.;l. Lil ( C.>u1ROLL & 0 ' DEA

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THIS DEED 11ade the day of ~990. l'itf 7

C'J BETWEEN:

in the State oi New South Wales

(hereinafter called "the Releasor11} of the Rrst Part

AND: THE TRUSTEES OF THE MARIST BROTHERS

A body corporate under the Roman Catholic Church Communities

Lands Act 1942 {NSW) of Provincial House, i 4 Drummoyns

Avenue, Drummoyne In the State of New South Wales (hereinafter

called '1the Body Corporate") of the Second Part

AND: BROTHER MICHAEL HILL

of Provincial House, 14 Drummoyne Avenue, Drummoyne in the

State of New South Wales in his capacity as Provincial Superior' of

tha Marist Brothers, an unincorporated association of Drummoyne In

the abovementioned State {hereinafter called "the Institute") of the

Third Part

BACKGROLND

A The Re leasor, by Statement of Claim and Amended Statem~nt of Claim in

proceedings No. 18943 of 1993 {°the proceedingsu), and in evidence given in

those proceedings, has alleged and alleges, that over a period of six months,

whilst tile Releaser was a resident at St Vincent's Home for Boy3, Westmead

("the B Jys Home 11), he was unlawfully sexually asseulted by John Aloysius

Littler a 1d Ex-Brother Romauld and other Brothers (all of whom including Littler

and Romauld are collectively referred to hereinafter as nthe Named Brothers)

and furher alleges, that as a result of such unlaWful acts, he sustained loss,

damagE1 and injurtes, and he may require specialist counselling and therapy {all

of whicll allegations as aforesaid, are hareir'l after referred to as ''the claims").

Full particulars of the claims are set out in the aforesaid proceedings.

B. The Na Tied Brothers were at all material times members of the Institute.

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D.

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The Institute has been incorporated under the Roman Catholic Church

Communities Lands Act 1942 in the name of 1he Body Corporate 1or certain

pur'p0$1jS.

The RE1leasor has a.lleged that the Body Corporate, the Institute and/or the

Named Brothers are liable to him in respect of1he claims.

E. The Sedy Corporate, the Institute and the Named Brothers do not admit any

wrong !loing on their part as alleged or at alL

F. The Releasor has commenced Court proceedings against the Body Corporate

and o1hers in tespect of the claims (and those proceedings are hereinafter

referrecl to as 11the proceedingsu}.

G. The St Vincent de Paul Society (''the Society''} was at all material times the

proprie· .or of the Boys Home which was at all material times run by the Body

Corpom.te and/or the Institute. ff1'!!J/;;;:;,/1-;.C h 101 ~·tiv

~ /J!jA/ The Body Corporate on an ex"gratia basis and with a denial of liability on the ~

part of :he Body Corporate and the Institute, has agreed to pay A lump sunfbf

~se,eQO.@Q (hereinafter referred to as 11the agreed sum~) on condition that ·

there be a verdict for the Defendants In the proceedings, and such payment

being ma.de by virtue of the fact that the "'Earned Brothers were members of the

lnstltutE1 at all relevant tlmas.

I. The Re,Jeasor has agreed to accept the agreed sum in full satfa;faction and

dischar~e of any claim he may havs against tha Body Corporate, the Institute,

the Soc;iety and/or the Named Brothers or any $ervant or agent oi the Institute

or any of them arising out of the claims.

J. It is agr·eed between the Releasor, the Body Corporate and the Institute, ihat

the Boey Corporate, subject 10 the terms and conditions set out hereinafter, will

pay and the Releasor will accept 1he agreed sum in full and final settlement

and dis ~harge of the claims.

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K. 111e Releaser has not been awarded or received any compensation pursuant

to the 'victims' Compensation Act, 1987.

L lt is a condition of the Settlement that the Releaser, the Body Corporate and

the lns1itute agree not to make any report or comment or any communication

of any type to any person or identity in relation to this Deed and/or the

Settlement or any of the recited matters or the claims except as required by

law or fJr the purposes of enforcing this Deed.

M. It Is a f Jrther condition of the Settlement that the Releasor in consideration of

the payment of the agreed sum, covenants and agrees that he will not at any

time p1. bllSh or cause to be published any artlcle, correspondence, book or

other writing relating to or concerning the claims or any incident or recurrence

~hat::io1wer involving Or' concerning the claif.!!~ w J.:'tl-.. ~ ~'1 ,/".~ -~ b)

1'0-( ~../ . /'\~ d ~ -fl-.-. . ~ t/,, .ft-,( {JY -/h.L OPERATIVE PART r.,-,e./-,jtA./-,~ O'") N ,/.ti.{ """vPl,v--e;( ~ '11Al 11-~A../le¥4

5'"''--gi rl..te. ,0 'N tli!!J"fe--htf t~+d..~~;( 1:.. ·-Jh:..r In consideration of these presents and of the covenants and agreement herein /L~;( · contained:~

1. (a) Tr e Body Corporate without any admission of liability agrees to pay to the

Roleasor the agreed sum.

{b) Subject to the following sub clause payment of the agreed sum shall be

made within 28 days of the date hereof.

(c) In respect of any part of the agreed sum that is required by the Health &

Olher Services (Compensation) Act 1995 to be withheld pending receipt

of either no11ce in writing of any amount to be repaid to the Health

ln:;urance Commission pursuant to that Act or notification from the Health

ln:wrance Commission that no repayment ls required, such part of the

aGreed sum subject to any repayment as aforesaid shall be paid within 21

de:ys receipt of the appropriate notice.

2. The Re-leaser for himself, his Executors, Administrators, Heirs and Assigns

forever hereby releases, remises. quits and discharges the Body Corporate,

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the lns1itute, the Named Brothers, the Society and any servant or agents of the

lnstitute1 and any of them from all actions, suits, claims and demands of every

descrip:ion which he now has or which but fof this Deed might have or has

had, or which could hereafter be asserted, brought or made by him, or by

anyone on his behalf or through him, either at law or at equity, or under the

provlslc ns of any Statute arising out of all or any of the acts, facts and

ciroumt:tances constituted by the claims or in any way relating to the same or

any mattsr incidental thereto.

3. The Nnmed Brothers, the lns1ituta and/or the. Body Corporate Qnd/or the

Society may plead 1his Deed in bar to any claim or proceedings by the

Releasor or any person claiming on his behalf in respect of the claims or any

matter !'elated thereto.

4. The RE1!aa.sor covenants and agrees to consent to a verdict for the Body

Corpomte being entered in the proceedings on the basis that gael"I f)Etrty WQ' rid

~W--;tb.u.M:-1~~~5-1~MtHrl' ek=le·Ataf-.t&-1'.~i:Gsseaifl, s-, and the Body "··· CorponLte would ive any costs ordsrs in its favour. he aforesaid steps .... ···~

shall be taken within 7 business days of receipt of the greed sum_

5. This Deed is governed by the law 01 New 1So ah;is a.nd each of the parties

irrevoe<1bly submits to the jurisdiction of th. ourts of New South Wales. -;1::: r "' 6. It is a c:mdltion of the settlement th the parties agree as from this dat not to

any communication of any type in rela 'on to

the claims, this Deed or

incidenis alleged to h e occurred relating thereto otherwise then-~~ ..........

I ~ I' for the urposa of enforcing this Deed or obtaining any peeialis'l ..

medi al( dvi '-- Each pa~QlUSt u. se its best endeavours to ensure that none .J A A--· /_ ~ ~""1~.,._c~ ~ ~....rA.J"..':1 ~ /1~11;--.« r;~v-z,

of hi rs, its or their em ~oyees, servants, agents, bftfcers, advisers, vr, "-~e.

rela i e:; or spouses (including de facto spouses) disclose any such information

R OVIDED that this clause shall not in any way prevent or hinder the Releasor

from reporting to or co·operating with the Police or other relevant authorities as

required by Jaw or otherwise.

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7. The Releasor acknowledges that the payment made hereunder by the Body

Corpori:ite is partly made by virtue of the fact that the persons alleged by the

Releasor to have caused him the loss and damage, the subject of the claims

are or vrere members of the Institute at all relevant times.

8. The Re leaser acknowledges 1hat by accep1ing the agreed sum>and executing

this Deed he is not entitled to make any further approach to the Body

Corporate, the Institute, the Society or the Named Brothers or any of them for

flnanciel assistance, including assistance with respect to any specialist medical

advice 11r for damages or otherwise.

9. The Releasor covenants and agrees that he wlll take no action against the

Body Corporate, the Institute, the Society and/or the Named Brothers or any

servant or agent of the lnstiMe or any of them, in respect of the claims.

1 o. in the event 1hat the Releasor breaches any term of this Deed, or at any time In

the future alleges or it Is established that ttie Releasor lacked the mental

capacl~I 10 enter Into this Deed, and without prejudice to any other rights

available to the Body Corporate and/or the Institute and/or the Society and/or

the Named Brothers In respect of such breachf Including right pursuant to

Clause S1 the Releasor covenants with the Body Corporate, and/or the Institute

and/or :he Society and/or the Named Brothers, that forthwith upon any such

event as aforesaid occurring, he will repay to the Body Corporate the agreed

sum and the Releasor further agrees that If the agreed sum in such event is

not repaid within seven (7) days of such breach or the allegation or

establishment that the Releaser lacked mental capacity, that the agreed sum

shall be due and owing to the Body Corporate and 1he Body Corporate shall be

entitled to commence proceedings against the Releasor without further notice

to him 1or the recovery of such monies and the Releasor consents to a default

Judgm~int being made against him for the agreed sum, together with the casts

associated therewith and this Deed may be used as proof of the Relea$or's

consen-: to such default Judgment.

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11. (a) Tr e Releaser covenants that he has not, as at the date hereof, been

av 1arded or received any compensation pursuant to the Victims'

) Compensation Act, 1987.

(b} In the event, (and whether or not in breach of the preceding sub clause)

it s established at any. time that the Releaser has already been awarded

or received, or subsequently recelvas or Is awarded, compensation

pL rsuant to the aforesaid Act, and the Crown, pursuant to the aforesaid

Ac;t, seeks to recover any such amount from the Body Corporate and/or I

th·.9 Institute and/or the Society and/or the Named Brothers, or any

servant or agent of the Institute, or any them. the Aeleasor covenants and

a~rees to indemnify to a maximum of $50.ooo.oo the Body Corporate

ar d/or the Institute and/or the St Vincent da Paul Society and/or tha

Named Brothers and/or any servant or agent of the Institute, or any of

th3m, In respect of any actions, costs, claims, damages, losses, liabilities,

pe.yment or expenses of any type to which the Body Corporate and/or the

lri.;;titute and/or the Society and/or the Named Brothers and/or any

servant or agent of the Institute may be or become liable as a

cc nsequence of such recovery action by or on behalf of the Crown.

12. The R~:ileasor covenants and agrees to indemnffy the Body Corporate, the

lnstitutr:11 the Society aJJd/or the Named Brothers in respect of any costs,

claims, damages, liability, payment of expenses of any type that arise as a

conseq .Jenee of his breach of the terms of this Deed or as a consequence of

the Body Corporate or the Institute and/or the Society and/or the Named

Brothers or any servants or agents of the Institute incurring costs or being

liable to pay damages or other expenses as a result oi the Releaser taking

action c1gainst any other party or entity, in respect of or rslating to the claims.

13. In the €Mmt that any provision of this Deed, or any part thereof, Is held to be

void or invalid, such provision or part thereof shall be severed from the whole

and the balance of the Deed or the provision (as the case may be) shall remain

in full fc rce and effect.

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14. It is thi:· intention of the parties that this Deed shall be binding on all parties,

and thEl benefit of this Deed shall extend to the Named Brothers and the

Society even though they are not parties to this Deed and the fact that they are

not par1ies shall not prejudice or effect their rights to rely on the Deed.

15. The AHleasor hereby acknowledges and confirms that his solfcitors have

authori1y to receive payment on his behalf of the agreed sum and the solic:itor1s

receipt shall be a full and sufficient discharge of the obllgatlon to pay herein.

16. For the purpo$eS of this Deed:-

(a) th ;1 11 lnstitute 11 means and !ncludQs 42ach and every past, present and

fu:ure member of the Institute;

(b) th~ 11Releasor11 means and includes eny trustee, guardian or personal

re,resentative of the Releaser;

17. This D1~ed sets forth the entire agreement between the parties hereto and

supercodee any or all prior agreements or understandings between the parties

hereto l'ertaining to the claims and tha proceedings.

18. The Aeleasor confirms and acknowledge~ that prior to executing this Deed the

Releasm has obtained his own independent legal advice.

I THE COMM1)N SEAL of THE TRUSTEES OF ) THE MARIST BROTHERS ) was hereunb) affixed in pursuant of a ) Resolution passed at a Meeting of1he said } Body Corporate in the presence of the Provincial ) a Member of the Body Corporate and of two ) other Memb£Jrs of the said Body Corporate all ) of whose sig 1atures are hereto affixed:- )

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SIGNED SEJ~LED AND DELIVERED

1n the preserce ot

SIGNED SEALED AND DELIVERED by the said BROTHER l\llCHAEL HILL In the preserce ot

CARROLL & O'DEA

) )

CT JH.053.70033.0032

l4I 010/011

} ... , ............................................ .. )

) ) ) •••t ....... ., ... , • •• .,. • .ir.•,•4l ....... t1'~ '""' t #•'""•II• tor••,., ~ )

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INDEPENDENT SOLICITOR CERTIFICATE

,. ) t. Peter Karp of McCabe Brown Solicitors, Sydney In the State of New South Wales

certify that:

1. I am a iagal p(actitione' holding a current practicing certiflcate under the Legal

Profession Practice Act and am Instructed and employed independently of the

Body c :irporate and the Institute.

2. I have 1~xplained the purport and effect of the annexed Deed· to the Releaser, REDACTED

same.

3. The Rs leasor

presenc:e.

DATED:

who appeared to me · to understand the purport and effect of

REDACTED has voluntarily executed the above Deed in my

1996

Solicitor

Witness

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