High Court Overturns Precedent: Carbone Lawyers Welcomes Landmark Ruling Strengthening Protections for Institutional Abuse Survivors

MELBOURNE 13 February 2026 - Carbone Lawyers welcomes the historic judgment of the High Court of Australia in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2026] HCA 2.

The decision represents a monumental shift in Australian law, holding institutions liable for the intentional criminal acts committed by those they place in positions of authority over children and other vulnerable individuals.

In a majority decision, the High Court held that the Diocese was liable for a breach of non-delegable duty of care regarding the sexual assault of a child by a priest in 1969. Crucially, the Court partly overturned the long-standing limitation established in NSW v Lepore, which previously held that there could be no non-delegable duty of care owed by an institution in respect of intentional criminal acts committed by a representative or delegate of the institution.

Managing Partner Tony Carbone said the ruling is a massive victory for justice and accountability. 

"For too long, institutions have used legal technicalities to distance themselves from the horrific actions of people working for or associated with them. Today's ruling closes a significant gap in the law. It recognises that when an institution assumes responsibility for a child's safety, that duty cannot be delegated away, even if the harm caused was an intentional criminal act or if the perpetrator of the harm was not an employee of the institution."

The ruling has profound implications for current and future institutional abuse claims across Australia, providing a clearer pathway for survivors to seek the compensation and recognition they deserve.

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