Under s.5D(1)(a) Civil Liability Act, causation requires negligence to be a necessary condition of harm; inability to establish this on balance of probabilities means the plaintiff fails.
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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.
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).
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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