TRG v The Board of Trustees of the Brisbane Grammar School

The High Court of Australia considered a dispute between TRG, a former student, and The Board of Trustees of Brisbane Grammar School concerning allegations of sexual abuse and assault that occurred during TRG's time as a student. TRG sought to recover damages from the school for the harm suffered.

The central legal issue before the High Court was whether the school owed TRG a non-delegable duty of care to protect him from harm caused by a third party, specifically a teacher, during his attendance at the school. This involved determining the scope of the duty of care owed by a school to its students, particularly in circumstances where the harm was inflicted by an employee of the school.

Gageler J, delivering the judgment of the Court, affirmed that a school owes a non-delegable duty of care to its students to take reasonable steps to protect them from foreseeable harm. This duty extends to protecting students from the wrongful acts of its employees, even if those acts are criminal. The Court reasoned that the relationship between a school and its students is one of special vulnerability, and the school assumes a responsibility for the student's safety while under its charge. The school's duty is not merely to avoid causing harm itself but to take positive steps to prevent harm from occurring, including harm caused by its own staff.

The High Court allowed TRG's appeal, setting aside the decision of the Court of Appeal of the Supreme Court of Queensland and remitting the matter to the Supreme Court for determination of the quantum of damages.