The High Court of Australia handed down a significant decision last week in  AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2 (11 Feb 2026). The decision expands the strict liability of churches and other organisations undertaking the care of children, by finding that an institution owes a “non-delegable duty” to such children, to ensure that no-one entrusted to care for them commits abuse. In reaching this decision, the court had to over-rule a previous decision in the Lepore case.

As Edelman J commented:

[341] The overruling of Lepore will have a significant effect upon the common law in this country, including upon proceedings concerning historic sexual abuse, such as this case. Any legal entity—including any unincorporated organisation like the Diocese that is required to be treated as a legal entity—which assumes responsibility to ensure that reasonable care is taken of another’s person or property (goods or land) will be liable if a third party intentionally causes injury to that other person or their property within the scope of the responsibility assumed.

I am presenting a paper at an academic conference outlining the decision, which is available for download here.