Two survivors of alleged child sexual abuse have won their High Court battle to sue those who took them in in the 1950s and 1960s.

The cases include a woman who wants to sue the Queensland government over abuse she allegedly suffered, and a man who says he was abused at the Salvation Army’s Nedlands children’s home in Western Australia.

Their claims were blocked by permanent stays of court rulings that determined there could not be a fair trial because the alleged perpetrators and many witnesses were dead.

Wednesday’s ruling has cleared the way for future legal action by the couple.

The case was stagnant for decades

One of the survivors is suing the Queensland government over abuse she allegedly suffered while in foster care at several different homes, including the girls’ dormitory at the famous Cherbourg Aboriginal mission.

The woman brought the case seeking damages for negligence based on psychiatric injuries as a result of alleged serious sexual and physical abuse while in the care of the state.

His case was stalled for decades by a statute of limitations, but was lifted in 2017, paving the way for a claim.

But the case was thwarted by a court order that permanently stayed the lawsuit, on the grounds that most of those involved, including the alleged perpetrators and witnesses, are already dead.

The Queensland courts ruled that meant there could not be a fair trial.

In a similar case, a man who claims he was sexually abused at the Salvation Army children’s home in Nedlands was also banned from seeking compensation through a permanent adjournment of his case.

She has alleged sexual abuse by Lt. Frank Swift.

The man said the Salvation Army property trust, which he had taken to court, is indirectly responsible for the damage he suffered.

Likewise, in his case the alleged perpetrator and many witnesses have died.

Both asked the High Court to lift the stays in their case to allow them to seek compensation.

The Lismore decision is a precedent

A similar decision was made in the High Court late last year.

The case became known as GLJ, after the woman who took on the Roman Catholic Trustees of the Diocese of Lismore.

GLJ was born in Lismore to a Catholic family.

She alleged the abuse occurred 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 he decided to take the matter to court, only to find his way blocked by a permanent suspension on the basis that Father Anderson and most of the witnesses had died.

But last year, by a narrow majority, the High Court said it was not convinced it justified a permanent suspension and overturned the Court of Appeal’s ruling, so GLJ could continue with his case.