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

The High Court of Australia heard an appeal in *GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore*. The dispute concerned the appellant's claim for damages for sexual abuse suffered during her childhood at a school conducted by the respondent. The primary legal issue was whether the respondent was vicariously liable for the actions of the perpetrator, a teacher at the school, given that the perpetrator's abuse occurred outside of school hours and off school grounds.

The High Court was required to determine whether the relationship between the respondent and the perpetrator was such that the respondent could be held vicariously liable for the perpetrator's wrongful acts. This involved considering the scope of the perpetrator's employment and whether the abuse was so closely connected with the employment that it could be considered an act for which the employer should be held responsible. The Court also had to consider the application of the principles established in *Bugge v Brown* and *New South Wales v Lepore* to the facts of the case.

The Court reasoned that the perpetrator's employment as a teacher at the school created a relationship of such a nature that the abuse, though occurring outside school hours and off school grounds, was so closely connected with the employment that it was within the scope of the employer's responsibility. The Court emphasised that the perpetrator's position as a teacher provided him with the opportunity and the means to abuse the appellant, and that the abuse was not merely incidental to the employment but was intrinsically linked to the authority and trust placed in him by the respondent. The appeal was allowed, and the matter was remitted to the Federal Court for determination of the quantum of damages.