Save the Latin Mass @St Anne's Perth Aus

Perth, Western Australia

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Save the Latin Mass @St Anne's Perth Aus

$28,840.00

14% funded

Campaign beneficiary:


Saint Anne's Latin Mass Community


Created By:

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Fr Michael Rowe

Rector of St Anne's Church

Category: Persecuted Christians

Start Date: March 8, 2022

St Anne's 2015-2_HDR2.jpgHELP SAVE ST ANNE’S CHURCH, - PARISH OF THE TRADITIONAL LATIN MASS IN PERTH, AUSTRALIA  

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*** Update 20 OCT 2022 ***

Fr Rowe was recently interviewed by Church Militant regarding the recent decree impacting St Anne's.


From Civil Law to Canon Law (churchmilitant.com)

*** Update 8 OCT 2022 ***


Dear Friend,

As you are probably aware by now, Archbishop Costello released a Decree titled “Norms for the Implementation of the Motu Proprio Traditionis Custodes”, dated Monday 19 September 2022 (Decree).

In accordance with Canon 1734, before proposing recourse if a person has been aggrieved by a particular Decree, a person must seek the revocation or amendment of that Decree in writing from the author.  

As a parishioner of St Anne’s, the Decree has and will cause material aggrievance to my family and its spiritual well-being and will have a grave negative impact on our ability to practice the Catholic faith in the way that bears many fruits for us, being in the Latin Rite. If you feel the same way about this Decree, may I suggest you write to Archbishop Costello, requesting the Archbishop revoke the Decree in its entirety under Canon 1734.  

There is no age limit, and each family member can send in their own letter which is most helpful.   Your letter can be emailed to the Archbishop as follows: archbishop@perthcatholic.org.au and preferably also either hand delivered to the front desk at Griver House and/or registered mail.  On the top of the Envelope - it needs to read

PRIVATE AND CONFIDENTIAL

Most Rev. Timothy Costelloe SDB, Archbishop of Perth

Griver House, 249 Adelaide Terrace, Perth WA 6000

PO Box 3311 East Perth WA 6982


Start of recourse letter as below to be a valid document as below:

 

25th September 2022

Most Rev. Timothy Costelloe SDB,  Archbishop of Perth

Griver House, 249 Adelaide Terrace, Perth WA 6000

PO Box 3311 East Perth WA 6982

 

Your Grace,

Formal Request of Revocation and Amendment under Canon 1734

I acknowledge your official Decree of Norms for the Implementation of the Motu Proprio Traditionis Custodes dated 19 September 2022.

Points to raise as follows:

Believe decree to be invalid

Provisions in the decree are gravely harmful to my Catholic faith and my rights as a Catholic to worship according to my beliefs and spirituality.

Aggrieved Catholic

Was not consulted about this decree yet it directly impacts on my life as a Catholic.

Anything else wish to add.

Does not have to be long letter just a paragraph or so in your own words if possible as this will be more effective.


Then

Signature and

Print in full Name and Address.


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LifeSite News Article from 6 OCT 2022

Australian archbishop issues crushing restrictions on Latin Mass, undermining thriving parish - LifeSite (lifesitenews.com)


Summary of Situation

Help save the Latin Mass at St Anne’s Church, in Perth, Australia! We need your help to ensure the Latin Mass and Catholic Heritage survives and continues to thrive in Perth at St Anne’s Church.

Over the last fourteen years, ever since Archbishop Hickey gave the then disused St Anne’s church to the Latin Mass Community and appointed Fr Rowe its Rector, the Latin Mass community has grown into a vibrant and supportive Catholic community with over 600  parishioners and many young and growing families.

Fr Rowe and the Latin Mass Community of Perth have spent significant sums of their own money on improving the Church, land and other buildings such as the presbytery (priest's house), hall and office buildings. In total, the Latin Mass Community have expended very substantial funds in the hundreds of thousands of dollars from their own donations and from the generous professional skills and labour of parishioners on improving the land and buildings. The community has also faithfully supported a large range of Catholic causes across the Archdiocese and continues to do so.

 After the retirement of Archbishop Hickey, his successor, Archbishop Timothy Costelloe had a meeting on the site of St Anne's church with the Archdiocesan Vicar General, archdiocesan employees and the parish priest of Cloverdale in 2018. Unfortunately Fr Rowe was not informed, nor invited to the meeting on St Anne's property but only found out about it afterwards. In October 2018, by formal decree, Archbishop Costelloe merged three former territorial parishes (including the Parish of Belmont in which St Anne’s Church happens to be located). In January 2019, Archbishop Costelloe wrote to Fr Rowe expressing his view that a recent territorial merger resulted in the newly merged territorial parish of Cloverdale owning the land and property at St Anne's.

 

Incredulously, Fr Rowe was informed by an employee of the Archdiocese that the parish of Cloverdale wanted to sell either part or all of the property at St Anne’s to build a new presbytery (house) for the parish priest of the Cloverdale parish to live in. Throughout all of the 2019 calendar year, Fr Rowe respectfully wrote letters to the Archbishop seeking an opportunity to meet him and discuss these issues seeking a resolution. The Latin Mass parishioners at St Anne’s have been waiting since this time for their concerns about the church to be considered.

 

Fr Rowe made a canonical appeal to the Archbishop for recourse which was denied him. In the next steps, Fr Rowe appealed to the Vatican's Congregation for Clergy but regrettably, the Vatican did not consider the merits of the matter and assist Fr Rowe and the Latin Mass Community because of a technicality of canon law: they were out of time (with a 10 day time limit) to make their appeal to the Vatican.

Since the Church and her internal processes have so far not helped Fr Rowe and declined assistance to the St Anne’s Community, Fr Rowe believed he had no choice but to take this dispute over property rights and to protect the parishioners’ significant contributions made in good faith to St Anne’s Church to the civil court.

In December 2019, after obtaining legal advice, Fr Rowe filed a caveat with the Land Registry in the state of WA (Landgate) to stop the land from being sold by the Archdiocese before a suitable resolution was made between the parties.

In January 2021, the Supreme Court effectively decided that this was an internal church matter, that notwithstanding the contributions and work by parishioners on the church, St. Anne’s church was ecclesiastical goods belonging to the Archdiocese and no proprietary interest was held by Fr Rowe or the St Anne’s parish community. Following from this the Court held that there was no basis upon which the civil jurisdiction could support Fr Rowe’s claim on behalf of St Anne’s parish community. As a result, the Supreme Court dismissed any entitlement to the caveat and found there was no triable issue.

Fr Rowe and the St Anne’s community were still hopeful that the continuance of St Anne’s Church as their parish church could be resolved after the adverse judgment, but no definite assurances were provided to them.

Fr Rowe reluctantly appealed the judgment to the Western Australian Court of Appeal. In early March 2022, the Supreme Court of Appeal dismissed the appeal. While the Court of Appeal noted that it was not in dispute that since 17 March 2010 St Anne’s Church had been used exclusively by the Latin Mass community with Fr Rowe as its chaplain, the Court found that the expenditure and effort by the community on the church did not establish any proprietary interest in St Anne’s Church and the claim was without substance. The Supreme Court of Appeal agreed that the primary judge on the first occasion was correct, and ownership of the church and decisions as to its future rest with the Archdiocese.


Fr Rowe is currently taking advice as to whether the decisions of the Supreme Court and the Court of Appeal in Western Australia are correct in all the circumstances. Fr Rowe has one final avenue of appeal that may be open to him: to appeal to the High Court of Australia for special leave for that Court to hear the case. Fr Rowe must file with the High Court his special leave appeal application within 28 days (by 1 April 2022). Special leave is difficult to obtain and is not granted in most cases.

The obstacle in Fr Rowe's continuance of a possible legal remedy, is the expense of obtaining advice as to whether there are arguable grounds to seek leave from the highest Court in Australia, and the costs of pursing that application if the advice suggests there is a chance. There is no doubt that the odds are stacked against this final recourse to the legal system, and Fr Rowe and the St Anne’s community are still praying that even at this late stage the Archdiocese may yet preserve St Anne’s for the Latin Mass Community. Nevertheless, Fr Rowe and the Latin Mass Community at St Anne’s seek your support and donations to obtain advice in respect of a High Court appeal, if necessary to undertake the fight to the High Court, and in the event of surplus funds to assist costs orders already made by the Court against Fr Rowe. 

The parishioners and friends of St Anne’s have supported the legal process financially up to this point. However, further financial help is needed to keep fighting the battle to save St Anne’s Church and protect the long standing investment and efforts made by the Latin Mass community in Perth. Fr Rowe faces a very uncertain financial future should all efforts to solve the situation fail. 

Please consider helping  with donations towards this cause, noting time being of the essence for an appeal  to the High Court.

 Fr Michael Rowe and St Anne’s Latin Mass Parish.

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Further information about St Anne’s can be found on the following links:

 

ST.  ANNE’S  OFFICE

If you wish to receive a copy of the bulletin and notices by email, please email the following address: latinmassbulletinwa@iinet.net.au Each month the notices will be emailed to you.

 

FR MICHAEL ROWE: Ph: +61 8 9277 2251

PO Box 337

NORTH PERTH W.A. 6906

Email: latinmasschaplaincywa@iinet.net.au

Facebook:  www.facebook.com/tlmperth

YouTube:  http://www.youtube.com/c/StAnnesTLMPerth

  Where there is daily live streamed Sung Mass.

PERTH  -  LATIN  MASS  SUPPORTERS  &  EVENTS:

https://www.facebook.com/LatinMassPerth  (Latin Mass Supporters Perth)

https://www.facebook.com/groups/2033974646834036  (Perth Catholic Event Notice Board)

redir 

Further details including the full story and court details.

 

History

 

In 1940 the Parish of Belmont was established in the Archdiocese of Perth. In 1961 the Archbishop entrusted the pastoral care of Belmont Parish to the Marist Fathers who were based in the neighbouring parish of Redcliffe in Perth. From 2007, all Masses ceased in St Anne's Church Belmont, and the pastoral care of both of these parishes was then under the Parish Priest of the Parish of Cloverdale.

 

With St Anne's Church being disused,  in 2008, the parish of Cloverdale ceded responsibility of St Anne's church and its accompanying land and buildings back to the Archdiocese of Perth.

 

In 2008 and 2009, the Archbishop of Perth, +Barry James Hickey, allocated the disused church of St Anne and its accompanying land and buildings to the Latin Mass Community in the Archdiocese of Perth. In 2008, the Archbishop expressed in writing that St Anne’s was to be the “permanent location” for the Latin Mass, and he indicated his intention to create the Latin Mass Community attached to St Anne’s Belmont as a ‘Quasi-Parish’ under the code of Canon Law. Furthermore, the Archbishop announced his intention to appoint Fr Michael Rowe, long time chaplain for the Latin Mass in the Archdiocese of Perth as the parish priest of the Quasi-Parish based at St Anne's.

 

After being given St Anne's as their permanent home, Fr Rowe and the Latin Mass Community oversaw significant renovation works on the church and other buildings, partially paid for by the Archdiocese and partially paid for by the Latin Mass Community themselves. The Latin Mass Community donated and expended their own funds and freely gave of their skills and expertise in the belief they had been given a new permanent place to worship in the Traditional Rite at St Anne’s Church.

 

In 2009, the Latin Mass Community moved to their permanent location at St Anne’s Church and have had exclusive use of the church and other buildings located there ever since. In July 2009, the Archbishop of Perth wrote to Fr Rowe formally appointing him as Rector of St Anne’s Church. In that letter the Archbishop gave Fr Rowe all the usual faculties relevant to a parish priest (or quasi-parish priest) for ministry to the Latin Mass Community within the Archdiocese of Perth, independent from any territorial parish.

 

Over the last fourteen years, ever since Archbishop Hickey gave St Anne’s to the Latin Mass Community and appointed Fr Rowe its Rector; Fr Rowe and the Latin Mass Community of Perth have improved the Church, land and other buildings such as the presbytery (priest's house), hall and office buildings. Some significant improvements include the installation of an historic pipe organ, a pulpit, installation of the high altar, stations of the cross, air conditioning in the church, extensions to the church hall, installation of a new kitchen area, and other amenities. In total, the Latin Mass Community have expended hundreds of thousands of dollars in their own funds and in the professional skills and labour of parishioners improving the land and buildings. For over ten years the Latin Mass Community has also paid virtually all bills and expenses associated with the land and property at St Anne's Church and its ongoing use and maintenance.

 

After the retirement of Archbishop Hickey, his successor, Archbishop Timothy Costelloe in 2018 had a meeting on the site of St Anne's church with the Archdiocesan Vicar General, archdiocesan employees and the parish priest of Cloverdale. Fr Rowe as Rector was not informed, nor invited to the meeting on St Anne's property but only found out about it afterwards. In October 2018, by formal decree, Archbishop Costelloe merged three former territorial parishes (including the Parish of Belmont) in which St Anne’s Church happens to be located.

 

The territorial merger had the effect of appropriately managing the pastoral care of the parishioners of the Belmont territorial parish by merging it with the Cloverdale Parish. However, in January 2019, Archbishop Costelloe wrote to Fr Rowe expressing the view that the merger resulted in the newly merged territorial parish owning the land and property at St Anne's. This is despite the fact that the parish of Belmont had previously ceded responsibility for St Anne’s Church back to Archdiocese, and the Archdiocese had subsequently given St Anne’s to the Latin Mass Community as their permanent location in 2008 and established it as a quasi-parish with its own priest.

The merger decree and the Archdiocese's view of the ownership of St Anne's Church also ignores the fact that the Latin Mass Community and its Rector have spent significant amounts of money and time improving and maintaining the property, and that the property was never used by either the Belmont or the Cloverdale parishes. Archbishop Costelloe’s 2019 letter to Fr Rowe expects the Latin Mass Community to give back ownership of St Anne’s Church to the Cloverdale Parish. It is deeply disappointing and hurtful that neither Fr Rowe nor the St Anne’s community were ever consulted about this. Incredulously, Fr Rowe was informed by an employee of the Archdiocese that the parish of Cloverdale now wants to sell either part or all of the property at St Anne’s to build a new presbytery (house) for the parish priest of the Cloverdale parish to live in. This may have arisen at the October 2018 meeting on site with the Archbishop and the parish priest of Cloverdale which Fr Rowe and his community knew nothing about.

 

In the proposed sale of some or all of St Anne's land (for the financial benefit wholly of the Cloverdale Parish), the Latin Mass Community in Perth has been left uninformed as to a location for them to attend the Traditional Latin Mass as a community and distressingly they have been left uninformed for over three years now.

 

Resolution Attempts

 

Despite the impending adversity facing his community, Fr Rowe as Rector of St Anne's and priest responsible for the Latin Mass Community has been a loyal son of the Church and maintained hope of a resolution. Fr Rowe has reached out numerous times to Archbishop Costelloe and implored him not to take St Anne’s Church from the flock entrusted to his care and at the very least, to notify of an alternative location for the Latin Mass community.

 

Throughout all of the 2019 calendar year, Fr Rowe wrote letters to the Archbishop seeking an opportunity to meet him and discuss these issues to find a resolution. In addition, Fr Rowe has made repeated invitations to Archbishop Costelloe to make a pastoral visit to St Anne's and meet the community. However, since Archbishop Costelloe's appointment as Archbishop of Perth in 2012, he has not made a pastoral visit to the Latin Mass Community in Perth. Fr Rowe and the St Anne’s community believe Archbishop Costelloe could only be impressed by the deep faith and loyalty of the community and would be moved by the stories and Christian achievements of the families there if he were to speak with them.

The Archbishop has allowed his predecessor, as Emeritus Archbishop, to exercise episcopal ministry to the Latin Mass Community for confirmations and any other pastoral need for a bishop and Fr Rowe and the St Anne’s Church community is profoundly grateful for this.

 

In the absence of being informed about what is going on and the pending sale of land at St Anne's Church without yet being notified of a suitable alternative location for the community, Fr Rowe had no option but to seek legal recourse on behalf of the community.

 

Canon Law Process

 

After seeking advice from canon lawyers, Fr Rowe first attempted to have his problems resolved under the Church's internal canon law processes.

 

Fr Rowe made a canonical appeal to the Archbishop for recourse which was denied him. In the next steps, Fr Rowe appealed to the Vatican's Congregation for Clergy but regrettably, the Vatican refused to intervene and assist Fr Rowe and the Latin Mass Community on a technicality of canon law: they were out of time (with a 10 day time limit) to make their appeal to the Vatican.

 

Since the Church and her internal processes have so far not helped Fr Rowe and the St Anne’s Church Community, Fr Rowe has had no choice but to approach the civil court system about this dispute over property rights.

 

Legal Battle

 

In December 2019, after obtaining legal advice from within and without Western Australia, Fr Rowe filed a caveat with the Land Registry in the state of WA (Landgate) to stop the land from being sold by the Archdiocese before a suitable resolution was made between the parties.

In January 2021, the Supreme Court effectively decided that this was an internal church matter, that notwithstanding the contributions and work by parishioners on the church, St. Anne’s church was ecclesiastical goods belonging to the Archdiocese and no proprietary interest was held by Fr Rowe or the St Anne’s parish community. Following from this the Court held that there was no basis upon which the civil jurisdiction could support Fr Rowe’s claim on behalf of St Anne’s parish community. As a result, the Supreme Court dismissed any entitlement to the caveat and found there was no triable issue.

 

After much prayer and discernment, as well as consulting with his legal advisors and many members of the St Anne’s Church community, Fr Rowe appealed this decision to the Western Australian Court of Appeal.

In early March 2022, the Supreme Court of Appeal dismissed the appeal. While the Court of Appeal noted that it was not in dispute that since 17 March 2010 St Anne’s Church had been used exclusively by the Latin Mass community with Fr Rowe as its chaplain, the Court found that the expenditure and effort by the community on the church did not establish any proprietary interest in St Anne’s Church and the claim was without substance. The Supreme Court of Appeal agreed that the primary judge on the first occasion was correct, and ownership of the church and decisions as to its future rest with the Archdiocese.

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Final Appeal

 

Fr Rowe has one final avenue of appeal that may be open to him: to appeal to the High Court of Australia for special leave for them to hear the case.

 

 

Fr Rowe must file with the High Court his special leave appeal application within 28 days (by 1 April 2022).

 

It is possible for a State Court of Appeal to be overturned by the High Court, and although it is a totally different matter in recent history we recall that Cardinal George Pell was successful in overturning a decision by both the original trial judge and the Victorian Court of Appeal before the High Court of Australia.

 

 

The obstacle in Fr Rowe's continuance of a possible legal remedy, is the expense of obtaining advice as to whether there are arguable grounds to seek leave from the highest Court in Australia, and the costs of pursing that application if the advice suggests there is a chance. There is no doubt that the odds are stacked against this final recourse to the legal system, and Fr Rowe and the St Anne’s community are still praying that even at this late stage the Archdiocese may yet preserve St Anne’s for the Latin Mass Community. Nevertheless, Fr Rowe and the Latin Mass Community at St Anne’s seek your support and donations to obtain advice in respect of a High Court appeal, if necessary to undertake the fight to the High Court, and in the event of surplus funds to assist costs orders already made by the Court against Fr Rowe. 

The parishioners and friends of St Anne’s have supported the legal process financially up to this point. However, further financial help is needed to keep fighting the battle to save St Anne’s Church and protect the long standing investment and efforts made by the Latin Mass community in Perth. Fr Rowe faces a very uncertain financial future should all efforts to solve the situation fail. 

 

Fr Rowe and the St Anne’s Latin Mass Community of Perth need your support and donations if the fight for St Anne’s Church is to continue.

 

While the parishioners and friends of St Anne’s have supported the legal process financially up to this point further financial help is needed to keep fighting to save St Anne’s for the Latin Mass community in Perth. Holy Mass attendees on a Sunday at St Anne’s now number between 550 and 600 a week and is made up of many supportive parishioners, both young and old, families, couples and singles. The Traditional Latin Mass community at St Anne’s is one of the busier parishes in Perth. Fr Rowe (and his supporting Priest) tirelessly ministers to these parishioners, offering 5 Masses on Sundays. Where will these parishioners go if St Anne’s is sold off, and why have they not yet been notified of an alternative location.

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Save St Anne’s Church

 

We respectfully ask for your prayers in this matter. Ultimately, while the legal battle is about civil law property rights, the fundamental battle is basic fairness to a loyal Catholic community that has made substantial contributions and undertaken significant work on a disused church over more than ten years, trusting the Archdiocese’s word that the Church had been granted to them as a permanent location for the Latin Mass.  

  

Please help with donations towards this cause, time being of the essence for an appeal to the High Court.

 

Funds Received & Refunds Given

 

Any donations graciously received can be done so either anonymously or named.

By contacting the organiser of this page, any donor who wishes to be acknowledged and considered for a refund in the event Fr Rowe's matter goes before the High Court and succeeds with costs awarded in his favour can do so. Further, in the event this matter for whatever reason may settle (or the legal fees are less than the amount of donations received) then donors who contact the organiser of this page and instruct they would like a partial refund may do so. In the event funds are left over and refund requests are not received, such funds will still be given to the benefit of the St Anne's Latin Mass Community in Perth and be used towards ongoing improvements and upkeep of St Anne's Church and property. In the event the matter does not proceed to the High Court after legal advice is obtained, or proceeds and loses, and if there are funds remaining, they will be donated towards paying costs that Fr Rowe has been ordered to pay in the proceedings.

 

Wishing you God's abundant Blessings.

 

Fr Michael Rowe and St Anne’s Latin Mass Parish.

 

Further information about St Anne’s can be found on the following links:

 ST.  ANNE’S  OFFICE

If you wish to receive a copy of the bulletin and notices by email, please email the following address: latinmassbulletinwa@iinet.net.au Each month the notices will be emailed to you.

 

FR MICHAEL ROWE: Ph: +61 8 9277 2251

PO Box 337

NORTH PERTH W.A. 6906

Email: latinmasschaplaincywa@iinet.net.au

Facebook:  www.facebook.com/tlmperth

YouTube:  http://www.youtube.com/c/StAnnesTLMPerth

  Where there is daily live streamed Sung Mass.

PERTH  -  LATIN  MASS  SUPPORTERS  &  EVENTS:

https://www.facebook.com/LatinMassPerth  (Latin Mass Supporters Perth)

https://www.facebook.com/groups/2033974646834036  (Perth Catholic Event Notice Board)

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