Church wins case reversing 2023 decision of Victorian court that it was vicariously responsible for abuse suffered by five-year-old at hands of assistant priest
The high court has ruled in favour of the Catholic church and against expanding vicarious liability beyond the employer-employee relationship.The high court has ruled in favour of the Catholic church and against expanding vicarious liability beyond the employer-employee relationship.The Catholic church has won a landmark case limiting its liability for the abuse of children by priests not under its direct employment.
The Victorian court of appeal said the diocese was “all-powerful in the management of clergy within a diocese” and that the activities of an assistant parish priest were under the “direct control” of the priest, who reported to the bishop.“In a real and relevant sense, Coffey was the servant of the diocese, notwithstanding that he was not, in a strict legal sense, an employee of it,” the court ruled.
“Expanding the doctrine to accommodate relationships that are ‘akin to employment’ would produce uncertainty and indeterminacy. As the priest was not an employee, there could be no finding of vicarious liability on the part of the diocese.”
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