A civil case against the Trustees of the Marist Brothers in Australia stopped after two lawyers were subpoenaed, interrupting proceedings over abuse claims, The Guardian reported.
Porters Lawyers issued subpoenas to two Carroll & O’Dea lawyers, who represented the order, The Guardian reported. The firm told the Supreme Court of the Australian Capital Territory it would stop acting for the Marist Brothers, and the trial was paused. The newspaper said another Chute-related case could also be delayed.
The plaintiff, identified as CQ, alleges Brother John William Chute sexually abused him at Marist College Canberra in 1985 and 1986. CQ also accuses the order of concealing earlier complaints about Chute. The Marist Brothers deny concealing complaints, and The Guardian reported that a court has not ruled on CQ’s allegations.
The Royal Commission into Institutional Responses to Child Sexual Abuse found Chute was convicted of sexually abusing six students at Marist College Canberra between 1985 and 1989. It recorded that the Marist Brothers had received claims alleging Chute sexually abused 40 students at the school from 1976 to 1990. The commission also said Marist leaders knew Chute had admitted touching a child in Lismore in 1969, before he held teaching posts that included one at the Canberra school.
The commission’s findings identify a passage from Carroll & O’Dea partner Howard Harrison to Brother Jeffrey Crowe about Chute, also known as Brother Kostka, as an email. Harrison wrote, “We would need to keep him well away from the legal arena upon release.” Crowe told the commission the message was part of a broader exchange involving what he called “serious doubts” about Chute’s evidence. The commission’s exhibit index separately lists a May 21, 2009, letter from the firm to Crowe concerning indemnity.
The Royal Commission said Catholic Church Insurance considered whether the Marist Brothers’ prior knowledge of abuse could affect coverage. In August 2009, the order agreed to divide Chute-related financial payments equally with the insurer, or 50% each. The findings do not give a total payment amount.
A Marist Brothers spokesperson told The Guardian the trial was expected to resume later in 2026 or early 2027.
