High Court expands non-delegable duties in landmark child abuse decision

By: Meisha Tjiong, Cindy Lim and William Yeo AA v the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle This morning the High Court of Australia delivered a significant judgment expanding the principles of non-delegable duties and having wide-ranging impact for child abuse claims.  Background AA commenced proceedings in the Supreme Court of NSW seeking damages from the Diocese of Maitland-Newcastle (Diocese) arising from […]

Costs consequences of sensible offers and the limits of post-verdict challenges

By: Richard Leder, Michelle Rich and Rhyse Collins Dougan v Trustees of the Marist Brothers [2025] VCC 1663 At a glance On 17 November 2025, Her Honour Judge Bourke of the County Court of Victoria delivered her judgment in Dougan v Trustees of the Marist Brothers [2025] VCC 1663, confirming that defendants who make sensible […]

Queensland Court of Appeal clarifies limits of vicarious liability for ancillary school staff

By: Paul Spezza, Cassandra Wills, Dominique Fordyce, Ashley Shuttleworth and Ellen Bobbermien BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education [2026] QCA 6 At a glance The Court of Appeal of Queensland has provided further clarification on when an employer will be vicariously liable […]

The benefits of a trauma informed approach to sensitive claims: Advantages for all parties

It is well known that institutions have seen an exponential increase in civil claims arising from child abuse. However, with increased awareness and the MeToo movement, adult survivors are also finding the courage to make claims. For those of us who work in this space, much focus is placed on taking a trauma informed approach […]

Accessing student and counselling records: Requests to educational institutions

Schools and educational institutions do more than just educate students. They provide support and assist with student welfare needs, such as counselling. Therefore, student records contain more than just academic results and attendances. So how should a school or educational institution respond when it receives requests for records relating to a current or former student? […]