A decision by Victoria's highest court in upholding a landmark ruling is being hailed as a win for victim-survivors with the Catholic Church being deemed vicariously liable for the abuse by its priests.
The Supreme Court of Victoria, Australia. / Nickbenanh via Wikimedia (CC BY-SA 3.0).Melbourne, Australia, Jan 21, 2022 / 07:00 am (CNA).In a ruling believed to be the first of its kind in Australia, a judge has found a Catholic diocese vicariously liable for clerical abuse.A judgment issued on Dec. 22 by Justice John Forrest in the Supreme Court of Victoria in Melbourne held that the Diocese of Ballarat was vicariously liable for the conduct of Father Bryan Coffey.The Legal Information Institute defines vicarious liability as the liability that a supervisory party bears for the actionable conduct of a subordinate or associate, based on the relationship between the two parties. Coffey, who was convicted of child abuse in 1999 and given a three-year suspended sentence, died in 2013.Justice Forrest awarded a man identified only as "DP" damages of AU$ 230,000 (around $165,000).DP said that he was sexually abused by Coffey at his parents home in Port Fairy, southwestern Victoria,
A ruling in favour of a child sexual abuse victim who sued the Catholic Church has provided clarity around the definitions of vicarious liability in institutional child abuse cases and, as part of the decision, opened up new legal avenues for other victims.