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

The High Court of Australia considered an appeal concerning allegations of child sexual abuse. The appellant, AA, brought proceedings against The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle, alleging negligence and vicarious liability for abuse suffered at the hands of a priest. The core of the dispute revolved around whether the Trustees could be held liable for the actions of the priest, who was an independent contractor rather than an employee.

The central legal issue before the High Court was whether the Trustees owed a non-delegable duty of care to protect children from the sexual abuse perpetrated by the priest, and if so, whether that duty had been breached. This required the Court to examine the nature of the relationship between the Trustees and the priest, and the extent to which the Trustees could be held vicariously liable for his conduct, particularly in circumstances where the priest was not a direct employee. The Court also had to consider the application of the principles of non-delegable duty in the context of the specific facts presented.

The High Court, in a majority decision, found that the Trustees did owe a non-delegable duty of care to protect children from the risk of harm posed by the priest. The Court reasoned that the relationship between the Trustees and the priest, while not one of employment, was such that the Trustees had assumed responsibility for the provision of services to children within the Diocese. This responsibility carried with it a non-delegable duty to ensure that reasonable care was taken to prevent foreseeable harm to those children. The Court applied established principles regarding non-delegable duties, particularly in situations where an entity entrusts a specific task or service to another, and where there is a relationship of control or responsibility. The majority concluded that the Trustees had failed to discharge this duty.

The High Court allowed the appeal, setting aside the orders of the lower courts and remitting the matter to the Federal Court of Australia for determination of damages.