The plurality in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle has clarified, and in fact re-defined, the scope of institutional liability for historical abuse claims. Why is the decision important? The High Court found that the Diocese owed AA a non-delegable duty of care in 1969. The High Court has recognised that a...
Vicarious liability has been an area of change and confusion in recent years. Practitioners and clients involved in child sexual abuse or other intentional tort matters will be accustomed to having attended mediations where the opposing parties advocate, each with claimed adherence to authority, completely opposite views about whether an institution will bear...
Facts In SMA v John XXIII College (No 2) [2020] ACTSC 211, Elkaim J of the ACT Supreme Court found that the University College defendant was liable for damages from a sexual assault perpetrated by one adult resident against another. The plaintiff was sexually assaulted while intoxicated during a “Pub Golf” event (described as having “no relationship to...
