Ryan Carlisle Thomas and Stringer Clark applaud the recent High Court decision in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle, handed down on 11 February 2026.
Previously, the non-delegable duty of care was found to apply to schools and their pupils. The High Court has now held it can also apply to religious organisations and children placed into the care of a priest performing their function as a priest.
Further, the High Court found that the criminal conduct of the priest did not stop the non-delegable duty from applying. In other words, where a non-delegable duty existed, the institution would still be liable for the criminal conduct of its delegates.
Closing the Gap Left by Bird v DP
The High Court also acknowledged the impact of the decision in Bird v DP, which found vicarious liability only applied to employees. Because priests were not employees, the Church was not vicariously liable for them under that precedent. This created a significant barrier for many survivors seeking accountability from religious institutions.
By developing the law of non-delegable duty of care, the High Court has given victim/survivors of childhood abuse another legal avenue to pursue the perpetrators of abuse and their institutions, even when their abusers are not technically employees.
This landmark decision represents a significant step forward in institutional accountability and survivor justice.
What This Means for Survivors
The decision recognises that when institutions assume responsibility for the care and protection of children, they cannot escape liability simply because of the employment status of those who caused harm. It acknowledges the unique position of trust that religious organisations hold and the vulnerability of children in their care.
For survivors of institutional abuse, this ruling opens pathways that may have previously been closed. It demonstrates the courts’ commitment to ensuring that institutions are held accountable for failing in their duty to protect children, regardless of technical employment relationships.
Expert Support for Your Case
At Ryan Carlisle Thomas, our Institutional Abuse team understands the profound impact of childhood abuse and the complex legal landscape survivors must navigate. We have extensive experience representing survivors in claims against religious institutions, schools, sporting organisations, and other bodies of care.
Our team is committed to achieving justice for survivors and holding institutions accountable for their failures. We work on a no-win, no-fee basis for institutional abuse matters, ensuring that financial barriers don’t prevent survivors from pursuing their rights.
If you or someone you know has experienced institutional abuse, our compassionate and experienced lawyers are here to help you understand your options and navigate the legal process with dignity and respect.
Contact our Institutional Abuse team today for a confidential consultation.
