Turning the page on Lepore: High Court opens door to liability for non-delegable duties to encompass intentional criminal acts
On 11 February 2026, the High Court of Australia delivered its judgment in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 which considered whether a Catholic Diocese owed a non-delegable duty of care to a child parishioner who was sexually abused by a priest in 1969, and, if so, whether that duty extended to intentional criminal acts. The High Court allowed the appeal, restored the trial judgment in favour of the appellant on liability and reduced damages to reflect the statutory caps under the Civil Liability Act 2002 (NSW).
Background to the AA decision
The Appellant (AA) was sexually abused in 1969 by Father Ronald Pickin, a priest of the Diocese of Maitland-Newcastle. The abuse occurred in the Presbytery of St Patrick’s…
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