AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054

The High Court of Australia heard an appeal concerning a claim brought by AA against The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle. The dispute arose from allegations of child sexual abuse that occurred within the Diocese. AA sought to establish the Trustees' liability for the abuse.

The central legal issue before the High Court was whether the Trustees owed a non-delegable duty of care to AA in relation to the conduct of clergy and other persons acting on behalf of the Church within the Diocese. This involved considering the nature of the relationship between the Trustees and those individuals, and whether that relationship gave rise to a duty to ensure reasonable care was taken to prevent harm.

The Court considered the principles of non-delegable duty of care, particularly in the context of an organisation with a hierarchical structure and responsibility for the welfare of children. The majority of the Court held that the Trustees did owe a non-delegable duty of care to AA. This duty extended to taking reasonable steps to prevent harm to children from the wrongful acts of those who were entrusted with their care and supervision by the Trustees. The Court reasoned that the relationship between the Trustees and the children was one of vulnerability and dependence, and that the Trustees had assumed responsibility for the provision of a safe environment. The dissenting judgment, however, took a different view on the scope and application of the non-delegable duty in this specific context.