Close
My Cart (0 items)
Checkout

Login to TEN

Privacy Policy
Privacy Policy
Return
My Cart (0 items)
Checkout
105482
Recorded Webinars

Recorded Webinar: Beyond Employment: The High Court’s Stand on Vicarious Liability for Religious Institutions

The High Court's recent decision in DP v Bird has clarified and limited the scope of vicarious liability for religious institutions. This landmark ruling has significant implications for religious institutions in terms of their potential liability for the criminal acts of individu
PRESENTED BY Luke Geary Partner - Mills Oakley , Brisbane

Date/Time

About the Webinar

The High Court's recent decision in DP v Bird has clarified and limited the scope of vicarious liability for religious institutions. This landmark ruling has significant implications for religious institutions in terms of their potential liability for the criminal acts of individuals not formally employed within a traditional employer/employee framework. With the High Court’s stance that vicarious liability does not extend to "relationships akin to employment," religious institutions must now reassess their approach to safeguarding and liability management. This session will analyse the key findings from DP v Bird*, along with practical considerations for religious organizations aiming to understand and mitigate their exposure in similar cases. Topics include:

  • The High Court’s reasoning: Why vicarious liability remains confined to employment relationships and the risks of "uncertainty and indeterminacy" in expanding this doctrine
  • Exploring the distinction between vicarious liability and non-delegable duty of care
  • How the High Court’s reasoning in *DP v Bird* could impact future cases and the narrow conditions for establishing vicarious liability.
  • Key takeaways for institutions regarding control, employment status, and the boundaries of liability
  • Examining factors related to "power and intimacy" within roles like assistant parish priests, which may still hold relevance in direct liability considerations
  • Practical insights into structuring insurance and risk management strategies given this narrowed scope of liability.
  • Practical steps for religious organizations in engaging non-employees or contractors, from role definitions to supervision practices

Presented By

Luke Geary
Partner, Mills Oakley Brisbane, QLD

Luke is a Partner in the Mills Oakley NFPs, Human Rights & Social Impact team in Brisbane and has extensive experience in the Not-For-Profit sector. Luke was a Partner at Mills Oakley in Sydney until late 2009, when he left the firm to found Salvos Legal and Salvos Legal Humanitarian. At Salvos Legal Luke headed up the Corporate & Commercial litigation practice, together with being the firm’s Managing Partner. Luke returned to Mills Oakley as a Partner in November 2017. Whilst now based in Mills Oakley’s Brisbane office, Luke’s practice involves cases predominantly in NSW, QLD & VIC Courts and as such, Luke travels to and has professional staff in our offices in all 3 States.

Luke has a particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. Luke also has expertise in assisting institutions in the disability sector in ensuring their operations are in line with the developing findings of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, for the safety and promotion of inclusion for people with disability.

Luke regularly acts for federal and state government agencies, ASX200 listed companies, impact financiers, non-profits and religious institutions nationally. Luke also regularly advises Australia’s largest social sector organisations on safeguarding and investigations matters, to ensure good risk management and compliance within those entities and the stakeholders they support.

The large majority of Luke’s Chambers and Partners recognised practice involves litigated claims, both defending and prosecuting, concerning intentional torts giving rise to complex physical and psychiatric injuries.

Luke was named one of Australia’s Best Lawyers for Non-Profit/Charities Law in the 2023/2024 Best Lawyers list for the eighth consecutive year, including in both 2020 and 2023 being named as Australia’s Non-Profit/Charities ‘Lawyer of the Year’. In 2017, Luke was admitted to the Order of Distinguished Auxiliary Service. Additionally, Luke was recognised as one of the 10 Most Innovative Lawyers in the Financial Times Asia-Pacific Innovative Lawyers 2016 awards. He was included in Pro Bono Australia’s ‘Impact 25’ most influential people in the Australian social sector in 2015. In 2013, Luke was awarded Managing Partner of the Year in the Australian Law Awards, he was Australia’s Pro Bono Lawyer of the Year in 2012 and in 2010 he received an Anzac of the Year award for service to the legal profession and the community.

Who Should Attend?

This webinar is suitable for religious institutions and lawyers advising religious institutions – Australia wide. This is an update webinar on recent developments in this area.

CPD Information

Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

Go to top