Suing institutions for historical abuse has become a whole lot easier after another “landmark” High Court decision.
On Wednesday, by a 5–2 majority, the court overturned a 2003 case (NSW v Lepore), which said the Catholic Church could not be liable for the “intentional criminal acts” of abusive priests.
That neat piece of legal gymnastics meant plaintiffs could recover damages for a playground accident, but not for a priest who sexually abused a minor.
Combined with a 2024 decision (Bird), which said the church could not be held vicariously liable for the acts of priests, it hasn't been good news to date for those wanting to bring a claim.
