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whenever you were insured, all legal avenues available to<br />
you are taken in respect of defending those claims in<br />
a formal process; is that right?<br />
A. Yes, but we have had continuing discussions with<br />
Catholic Church Insurance in terms of particular matters.<br />
My understanding is that they are also re-examining, in the<br />
light of the discussions at the Royal Commission and, in<br />
particular, the case study dealing with the Ellis matter,<br />
and my understanding is that it is on a case-by-case basis<br />
that there is a consideration given to what defence is<br />
appropriate. As I said before, we have always taken the<br />
position that we wanted the matters settled, and settled<br />
quickly and justly, and so - yes.<br />
Q. When you say "settled justly", what do you mean?<br />
A. My understanding is that in the mediation processes,<br />
the settlements, the mediation processes, exactly the same<br />
criteria for determining damages would be used as if they<br />
were in a court of law.<br />
Q. With the exception of punitive damages?<br />
A. Yes, with the exception.<br />
Q. Why has a decision been made not to use, as you say,<br />
exactly the same criteria for determining damages, by not<br />
referring to punitive or exemplary damages?<br />
A. The determination was simply in terms of making the -<br />
handling the mediations in an appropriate way that was - in<br />
the way that we were used to dealing with claims that came<br />
against us.<br />
Q. By which I take it you mean that any loss of income<br />
would be compensated, if it was attributable --<br />
A. There is a calculation made of that, yes.<br />
Q. So your understanding is that the mediations are<br />
conducted in a way that common law claims are generally<br />
conducted?<br />
A. Yes.<br />
Q. However, the Towards Healing matters are conducted<br />
differently?<br />
A. Oh, very much so, because the nature of the process,<br />
if I could use that word for a Towards Healing process, is<br />
that the conversation, the dialogue, that is there is<br />
around the needs of the victim, so there is a dialogue<br />
around that - what would be a - what does the victim need<br />
.1/07/2014 (ACT36) ACT4022 J J CROWE (Ms Furness)<br />
Transcript produced by Merrill Corporation
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