CCIG Investments Pty Ltd v Schokman [2023] HCA 21

On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal, finding an employer was not vicariously liable for its employee’s act of drunken urination, which occurred in employer-provided shared accommodation.

While we looked at the implications of that case for employers generally in this article, the Schokman decision also has potential application for those dealing with institutional abuse claims.

In this article, Patrick Thompson, William Yeo and Jessica La explain how the approach taken by two of the judges in Schokman could potentially mean vicarious liability in institutional abuse matters might be better understood as a breach of an institution’s non-delegable duty of care.

You can download the full article below.