The Anatomy Of Proper Pleadings In A Post-AA World

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

This NSW Court of Appeal decision confirms the form and content required of pleadings in historical abuse claims following the High Court decision of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2.

In issue

• Whether the respondent’s Amended Statement of Claim was sufficiently pleaded, in light of the decision of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2.

The background

The respondent was a student of St Paul’s College, Walla Walla (the college), who claims he was sexually abused by the boarding house master in or around 2001. The respondent commenced proceedings in the District Court, seeking damages in negligence from the college.