AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-NewcastleCitation:[2026] HCA 2Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:11 Feb 2026Case Number:S94/2025Read more
The Court held that the respondent owed the appellant a non-delegable duty of care, which extended to intentional criminal acts by a priest in a position of authority over the appellant, and that the breach of this duty caused the harm suffered. The Court considered whether Lepore should be overruled and found that...
Source-derived case information.
- Parties
- Appellant: AA; Respondent: The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle
- Jurisdiction
- Australia
- Judgment Date
- 11 February 2026
- Procedural Posture
- Tort Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Negligence, Duty of Care, Non Delegable Duty, Historic Child Sexual Abuse, Liability for Intentional Acts, Damages Limitations
Source-derived case record
Summary, issues, holding and outcome
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Parties
AA
Appellant
The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle
Respondent
Procedural Posture
Tort Appeal / Judgment
Legal Issues
- 1 Whether the respondent owed the appellant a duty of care
- 2 Whether the respondent owed a non-delegable duty of care
- 3 Whether a non-delegable duty of care is owed in respect of harm caused by intentional conduct
Ratio Decidendi
The Court held that the respondent owed the appellant a non-delegable duty of care, which extended to intentional criminal acts by a priest in a position of authority over the appellant, and that the breach of this duty caused the harm suffered. The Court considered whether Lepore should be overruled and found that the circumstances justified recognition of a non-delegable duty in this context.
Court Disposition
appeal allowed
Orders
- Judgment for the appellant against the respondent
- Damages to be assessed in accordance with the judgment
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 11 February 2026 Case number S94/2025 Before Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ Catchwords Tort – Negligence – Duty of care – Non-delegable duty of care – Historic child sexual abuse – Where priest sexually abused appellant – Where appellant was child – Whether respondent liable to appellant for harm suffered – Whether respondent owed appellant duty of care – Whether respondent owed appellant non-delegable duty of care – Whether non-delegable duty of care owed in respect of harm caused by intentional conduct – Whether New South Wales v Lepore (2003) 212 CLR 511 should be re-opened and overruled – Whether sexual abuse by priest breached non-delegable duty causing harm – Whether limitations on damages by Civil Liability Act 2002 (NSW) applied. Words and phrases – "assumed duties", "assumpsit duties", "assumption of responsibility", "attribution", "breach", "care, supervision or control", "causation", "common element", "common law duty of care", "control", "damages", "delegate", "duty-holder", "duty of care", "duty to ensure that reasonable care is taken", "factual findings", "imposed duties", "intentional conduct", "intentional criminal act", "liability", "negligence", "non-delegable duty of care", "personal injury", "presbytery", "priest", "re-opened and overruled", "re-opened and overturned", "reasonable care", "reasonably foreseeable", "sexual abuse", "sexual assault", "special dependence or vulnerability", "special relations", "sufficient relationship of proximity", "undertaking", "vulnerability". Civil Liability Act 2002 (NSW), ss 3B, 3C, 5Q, 6F, Pts 1A, 1B, 2. Files AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (S94-2025) [2026] HCA 2.docx (382.85 KB) AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (S94-2025) [2026] HCA 2.pdf (1.03 MB)