Landmark High Court case confirms churches are directly responsible for the crimes of its clergy

11 February 2026

The case centred on an abuse survivor known as AA, who in 1969 at age 13 was abused by Father Ronald Pickin, an assistant priest in the Diocese of Maitland-Newcastle.

In the case before the High Court, lawyers for AA argued the Diocese owed him a duty of care, including a non-delegable duty of care that cannot be outsourced or transferred.

The Court of Appeal had previously held there could be no non-delegable duty owed by the Diocese to AA given it was an intentional criminal act by one of its priests.

But the High Court today ruled by majority in favour of AA, finding the church did have a non-delegable duty of care to keep him safe.

It also overturned a previous High Court decision that said a non-delegable duty of care could not apply when there was intentional criminal conduct.

Maurice Blackburn principal lawyer John Rule said:

“Abuse survivors have long argued that churches should be held responsible for the abuse perpetrated by members of the clergy under their watch. Today, that principle is finally enshrined in Australia law.

“The ruling of a non-delegable duty is significant because it means churches and other institutions will be held liable for abuse perpetrated by those to whom it entrusts the care of children, even when criminal conduct has occurred.

“Importantly, the decision also clarifies the church’s duty of care to children, which confirms that institutions that place children in their care cannot wash their hands of responsibility when it comes to their safety.

“This High Court ruling will have a significant impact on survivor claims across Australia. It will ensure abuse survivors can pursue their legal options through the courts without fear of the church saying it can’t be responsible for the crimes of its priests.

“We commend AA and his legal team for their determination and hard work in bringing this case that will help many survivors around Australia in their pursuit of justice.”