GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore

The High Court of Australia considered an appeal from the Supreme Court of New South Wales concerning allegations of child sexual abuse. The appellant, GLJ, brought proceedings against the Trustees of the Roman Catholic Church for the Diocese of Lismore, alleging negligence and vicarious liability for abuse suffered at the hands of a priest. The central dispute revolved around whether the appellant's claim was statute-barred and, if not, whether the Trustees were liable for the actions of the priest.

The High Court was required to determine, primarily, whether the appellant's claim was validly brought within the relevant limitation periods, particularly in light of legislative amendments that may have revived or extended time limits for such claims. A further issue was whether the Trustees could be held vicariously liable for the actions of the priest, considering the nature of his employment and the circumstances of the abuse.

The Court analysed the application of the Limitation Act 1969 (NSW) and its subsequent amendments, including the effect of the Limitation Amendment (Child Abuse) Act 2016 (NSW). It considered the principles of vicarious liability, particularly in the context of intentional torts committed by employees, and whether the priest's actions were so unconnected with his employment as to break the chain of vicarious responsibility. The Court examined the established legal tests for vicarious liability, focusing on the relationship between the employer and employee and whether the wrongful act was committed in the course of employment or was sufficiently connected to it.

The High Court ultimately found in favour of the appellant, holding that the claim was not statute-barred and that the Trustees were vicariously liable for the actions of the priest. The appeal was allowed, and the matter was remitted to the Supreme Court for further proceedings.