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Australia Leading Case vicarious liability

Prince Alfred College Inc v ADC

(2016) 258 CLR 134
JurisdictionAustralia
CourtHigh Court of Australia
Year2016
StatusBinding authority

Summary

An institution is vicariously liable for sexual abuse by an employee where the employment provided the occasion for the tort via the 'relevant connection' test.

Key Principle

vicarious liability of institution for sexual abuse by employee; occasion provided by employment; relevant connection test

Area of Law

tort

Related Cases

Bird v DP (A Pseudonym) (2024) 98 ALJR 486

High Court of Australia held a religious organisation vicariously liable for sexual abuse by a priest, recognising a relationship akin to employment sufficient to ground vicarious liability.

Bryant v Badenoch Integrated Logging Pty Ltd (2023) 278 CLR 99

High Court of Australia held that the peak indebtedness rule does not apply when assessing unfair preferences under s 588FA of the Corporations Act 2001 (Cth).

Kozarov v Victoria (2022) 275 CLR 115

An employer owes a duty to take reasonable steps to protect an employee from psychiatric injury caused by vicarious trauma, and may breach that duty by failing to act on obvious warning signs.

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