State Obtains Complete Indemnity From Teacher Following Institutional Abuse Settlement

Warning: This article contains details about abuse which may be upsetting for some readers. Reader discretion is advised.

The NSW District Court awarded the State a complete indemnity against a former teacher following a $755,000 settlement of an institutional child sexual abuse claim.

In issue

The primary issues in dispute were:

1. Whether the second defendant (a former teacher employed by the State of NSW (the State)) sexually abused the plaintiff, a former student, and whether this conduct caused or materially contributed to the plaintiff’s injuries, loss and damage.
2. Whether the State, as the former teacher’s employer, was vicariously liable for his conduct and/or in breach of its non-delegable duty of care owed to the plaintiff.