High Court Insights – Religious Institutions: Vicarious Liability and Historical Abuse - a Power Pair of recorded webinars –special offer

This Power Pair comprises 2 of our most popular religious law webinars from the past few months.

Webinar 1:  Beyond Employment: The High Court’s Stand on Vicarious Liability for Religious Institutions

The High Court's recent decision in DP v Bird has clarified and limited the scope of vicarious liability for religious institutions. This landmark ruling has significant implications for religious institutions in terms of their potential liability for the criminal acts of individuals not formally employed within a traditional employer/employee framework. With the High Court’s stance that vicarious liability does not extend to "relationships akin to employment," religious institutions must now reassess their approach to safeguarding and liability management. This session will analyse the key findings from DP v Bird*, along with practical considerations for religious organizations aiming to understand and mitigate their exposure in similar cases. Topics include:

• The High Court’s reasoning: Why vicarious liability remains confined to employment relationships and the risks of "uncertainty and indeterminacy" in expanding this doctrine
• Exploring the distinction between vicarious liability and non-delegable duty of care
• How the High Court’s reasoning in *DP v Bird* could impact future cases and the narrow conditions for establishing vicarious liability.
• Key takeaways for institutions regarding control, employment status, and the boundaries of liability
• Examining factors related to "power and intimacy" within roles like assistant parish priests, which may still hold relevance in direct liability considerations
• Practical insights into structuring insurance and risk management strategies given this narrowed scope of liability.
• Practical steps for religious organizations in engaging non-employees or contractors, from role definitions to supervision practices

Webinar 2:  Historical Abuse Claims, Deceased Perpetrators and the High Court's New Stance: What Religious Organisations Need to Know

The recent High Court decisions in RC v Salvation Army and Willmot v State of Queensland have reshaped the legal landscape for religious institutions facing historical abuse claims. This session will unpack these landmark rulings, focusing on the High Court's rationale, the impact on institutions’ ability to seek permanent stays, and the broader implications for case management and institutional liability. It covers:

• The legal position pre-and post the High Court’s decision in GLJ
• How have the two new decisions by the High Court changed the playing field
• Post Royal Commission: the legislative removal of statutory limitation periods
• Exceptional circumstances: When might a permanent stay of proceedings be justified?
• Documentation, information and evidence: the importance of record keeping and corporate memory in historical abuse claims
• Prioritising the rights of victims vs the forensic challenges of historical abuse claims: a delicate balance
• Private, domestic or institutional? Does the place where the abuse took place have a bearing on the question of the unfairness and oppression of proceedings?