Are prior circumstances a thing of the past?

By: Thomas Cavanagh and Gina Groskops Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8 At a glance The Full Federal Court has overturned the decision of Justice Lee1 and confirmed that Allianz Australia Insurance Limited (Allianz) was entitled to decline indemnity to Uniting Church in Australia Property Trust (NSW) (UCPT) for […]

High Court rejects extending vicarious liability beyond employment

By: Richard Leder OAM, Sean O’Connor, Rhyse Collins and Deniz Coskundag Bird v DP [2024] HCA 41 | View previous article summarising the decision At a glance The High Court unanimously found that the Diocese of Ballarat was not vicariously liable for the tortious conduct of one of its priests against the respondent when he […]

Breaking: Historic decision handed down by the High Court of Australia

At a glance This morning the High Court of Australia handed down three groundbreaking judgments in the institutional abuse space – Bird v DP, RC v Salvation Army (WA) Property Trust and Willmot v State of QLD. These decisions will have a significant impact on the ability of abuse survivors to recover damages and will […]