The case was heard in the High Court of Australia on Wednesday. (ABC News: Matt Roberts)
In short:
Two survivors of alleged child sexual abuse have been permitted by the High Court to sue those who placed them in care in the 50s and 60s.
Their claims were blocked by permanent stays in court rulings that found there couldn't be a fair trial because the alleged perpetrators and many witnesses were dead.
What's next:
Wednesday's High Court ruling has cleared the way for future court action by the pair.
Two survivors of alleged child sex abuse have won their High Court battle to sue those who placed them in care in the 50s and 60s.
The cases include a woman wanting to sue the Queensland government over abuse she allegedly suffered, and a man who says he was abused at the Salvation Army's Nedlands boys' home in Western Australia.
Their claims were blocked by permanent stays in court rulings that found there couldn't be a fair trial because the alleged perpetrators and many witnesses were dead.
Wednesday's ruling has cleared the way for future court action by the pair.
Case was stalled for decades
One of the survivors is suing the Queensland government for abuse she allegedly suffered while in foster care in several different homes, including the girl's dormitory at the notorious Aboriginal mission at Cherbourg.
The woman lodged the case seeking compensation for damages for negligence based on psychiatric injury as a result of alleged sexual and serious physical abuse while in the care of the state.
Her case was stalled for decades by a statute of limitations, but that was lifted in 2017, clearing the way for a claim.
But the case had been thwarted by a court order which has placed a permanent stay on the claim, on the basis most of those involved, including the alleged perpetrators and witnesses, are now dead.
The Queensland courts ruled that meant there couldn't be a fair trial.
In a similar case, a man who claims he was sexually abused at the Salvation Army Nedlands boys' home was also barred from seeking compensation by a permanent stay on his case.
He has alleged sexual abuse by Lieutenant Frank Swift.
The man said the Salvation Army property trust, which he had taken to court, is vicariously liable for the harm he suffered.
Similarly, in his case the alleged perpetrator and many witnesses have died.
Both asked the High Court to overturn the stays on their case, to allow them to seek compensation.
Lismore decision a precedent
Late last year a similar decision was made in the High Court.
The case was known as GLJ, named for the woman who took on the Trustees of the Roman Catholic Church for the Diocese of Lismore.
GLJ was born in Lismore to a Catholic family.
She alleged the abuse happened when Father Clarence Anderson came to her home to offer pastoral care after her father was injured in an accident.
She was 14 years old.
It was 50 years before she decided to take the matter to court, only to find the way barred by a permanent stay on the basis that Father Anderson and most witnesses had died.
But last year, in a narrow majority, the High Court said it wasn't satisfied that warranted a permanent stay, and overturned the Court of Appeal ruling, so GLJ could pursue her case.