In a landmark judgment, the High Court of Australia (High Court or the Court) has held that the Catholic Diocese (the Diocese) breached a non‑delegable duty of care owed to a child who was sexually assaulted by a priest in 1969.
The majority of the High Court confirmed that a breach of a non‑delegable duty is not confined to negligence; it can extend to intentional wrongdoing on the part of a delegate (who does not have to be an employee at law) where the harm was reasonably foreseeable and arose in circumstances in which the institution had assumed responsibility for the child’s safety.
In reaching this conclusion, the Court re-opened and overturned the long‑standing position from New South Wales v Lepore (2003) 212 CLR 511 (Lepore), that that there can be no common law non-delegable duty in respect of harm caused by an intentional criminal act.
This decision has significant implications for cases relating…
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