Abstract
DP (a pseudonym) v Bird 1 is a Victorian
Supreme Court decision of J Forrest J (Forrest J) handed down on 21
December 2021.
This decision is of interest for a number of reasons including
the overall quantum awarded, the award of aggravated damages, and
the failure of the Plaintiff's case in negligence. This article
will focus on its ramifications upon the law of vicarious
liability, specifically the availability of such a finding in
historical abuse proceedings and what, if any, tension exists
between this decision and the earlier 2021 decision of the
Victorian Supreme Court in PCB v Geelong
College.2
Introduction and background
The Plaintiff (DP) alleges that he was sexually abused by Father
Coffey (Coffey), a priest incardinated within the Diocese of
Ballarat (the Diocese), on two occasions in 1971. The alleged
abuse, on both occasions, occurred at DP's family home. At the
time of the alleged abuse, Coffey was the assistant parish priest
to Father
