Topic
Vicarious Liability
281 published works
Bill Madden's Blog
Abuse: Allegations of boarding school abuse by students and by two members of religious order.
By Bill Madden
Clifford v Missionaries of the Sacred Heart [2024] VSC 812 (Link to AUSTLII). The plaintiff claimed abuse in 1975-1977 in the form of ‘sexualised bullying’ and other incidents by five…
UK Human Rights Blog
Law Pod UK Ep.208. Vicarious Liability: Where Are We Now?
Following the recent allegations of abuse surrounding former owner of Harrods, Mohamed Al-Fayed, vicarious liability has been in the news once again. In Episode 208, Emma-Louise Fenelon speaks to Isabel…
Religion Clause
Australia’s High Court Says Diocese Is Not Vicariously Liable for Sex Abuse by Priest
In Bird v DP (a pseudonym) , (HCA, Nov. 13, 2024), the High Court of Australia in an appeal from the Supreme Court of Victoria held that a Catholic diocese is not…
Bill Madden's Blog
High Court: Bird v DP [2024] HCA 41.
By Bill Madden
(Link to JADE) Court summary below. Today, the High Court unanimously allowed an appeal from a decision of the Court of Appeal of the Supreme Court of Victoria, which dismissed…
Bill Madden's Blog
High Court: Three matters for judgment 13 November 2024.
By Bill Madden
Bird v. DP (A Pseudonym) (M82/2023) Torts – Personal Injury – Sexual assault – Vicarious liability – Where trial concerned allegations of sexual assaults against respondent by Catholic Priest in…
Bill Madden's Blog
Abuse: Duty, breach & causation; vicarious liability & court suppression orders.
By Bill Madden
AA v Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2024] NSWSC 1183 (Link to Caselaw). AA sought damages, including exemplary and aggravated damages, for personal injury which…
Bill Madden's Blog
Abuse: Vicarious liability following Bird v DP.
By Bill Madden
TT v The Diocese of Saint Maron, Sydney & SS (No 3) [2024] NSWSC 943 (Link to Caselaw). In the context of alleged sexual abuse on the part of the…
Bill Madden's Blog
Abuse: Setting aside Deed & Assessment of Damages.
By Bill Madden
Steen v Trustees of the Diocese of Tasmania [2024] TASSC 3 (Link to AUSTLII) The plaintiff brought this action in respect of sexual abuse perpetrated upon him by an Anglican…
Bill Madden's Blog
Abuse: Stay of proceedings appeal, GLJ and vicarious liability.
By Bill Madden
CM v Trustees of the Roman Catholic Church for the Diocese of Armidale [2023] NSWCA 313 (on Caselaw). Per Leeming JA with Payne JA & Harrison CJ at CL agreeing.…
Energy & the Law
Who is responsible for the negligence of the “company man” on the well?
Parkman v. W&T Offshore, Inc., et al features two contractors playing hot potato over liability for a company man’s alleged negligence. The takeaway: Write your Master Service Agreement to address…