Church Cross

Vicarious Liability: The High Court of Australia's decision in Bird v DP (a pseudonym)

Christina Kolovos, Darren Seidl, Matthew Stockdale

The High Court of Australia unanimously allowed an appeal from the decision of the Court of Appeal of the Supreme Court of Victoria, which dismissed an appeal by the Roman Catholic Diocese (Diocese), which held the Diocese was vicariously liable for sexual assaults committed by one of its priests.

The abuse occurred in 1971 during pastoral visits to DP’s parents’ home. The priest was not an employee or agent of the Diocese. His actions were not done with the express or implied authorisation of the Diocese. Pursuant to Canon Law, their relationship permitted the Diocese to exercise control over the priest.

The issue on appeal to the High Court was whether the relationship between the priest and Diocese, in the absence of an employment relationship, could give rise to a finding of vicarious liability.

A majority of the High Court held the principles of vicarious liability are confined to employment relationships. They refused to extend the doctrine to include relationships that are “akin to employment”. The High Court also declined to consider DP’s contention that the Diocese owed him a non-delegable duty of care.

For a link to the high court's full summary, click here

For further breakdown, check out some of the related articles below.

For further information

Please get in contact with Christina KolovosMatthew Stockdale & Darren Seidl

If you would like to stay up to date with Alerts, news and Insights from our team, you can subscribe to our mailing list here.

View related insights

HighCourtofAustralia 540x360

Secondary victims in institutional abuse cases – The High Court of Australia rejects bid to avoid paying damages

15 Feb 2024

On Thursday 8 February 2024, the High Court dismissed The Catholic Archdiocese of Melbourne’s application for special leave and permitted a father of a choirboy allegedly sexually assaulted by C ...

View
aerial-view-of-sandy-beach

Drawing a line in the sand on vicarious liability

21 Aug 2023

It is fair to characterise the principle of vicarious liability as an intricate and dynamic concept. Although common law practitioners have the benefit of a myriad of case law and commentary to under ...

View
metropolitan-cathedral-of-the-immaculate 540x360

Victorian Supreme Court of Appeal confirms Catholic Diocese vicariously liable for historical abuse committed by a priest - Bird v DP (a pseudonym) [2023] VSCA 66 (3 April 2023)

18 Apr 2023

This is a Supreme Court of Victoria, Court of Appeal, decision in respect of the original decision of His Honour Justice Forrest on 22 December 2021, DP (a pseudonym) v Bird [2021] VSC 850 (22 Decembe ...

View