Scope Of Non-Delegable Duties Of Care Refined

In a landmark decision, the High Court of Australia determined that a non-delegable duty of care may be breached by the intentional conduct of a delegate, overturning longstanding authority of New South Wales v Lepore (2003) 212 CLR 511, which found that a common law non-delegable duty could not arise in respect of harm caused by an intentional criminal act. The decision significantly refines the scope and operation of non-delegable duties in Australian law.

Background

The appellant, AA (a pseudonym), commenced proceedings in the Supreme Court of New South Wales in 2024, alleging that he was sexually abused on multiple occasions during the 1960s by Father Ronald Pickin, a priest of the Roman Catholic Diocese of Maitland-Newcastle (the Diocese).