The evolution of Vicarious Liability for intentional torts

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By Luke Geary, Partner 

Plaintiffs A, B, C & D v Bird, Clancy and Little Pigeon Pty Ltd t/as Footprints Childcare Centre [2020] NSWSC 1379 is a recent Supreme Court of NSW decision which has advanced the law relating to vicarious liability. In the judgment, Her Honour discussed the principles of Prince Alfred College Incorporated v ADC [2016] HCA 37 and commented that a volunteering relationship can still give rise to a finding of vicarious liability, taking the position that a relationship of employment is not a precondition.

We have prepared a Case Note which outlines:

  • the facts of the case;
  • the various issues of the case;
  • a recap of Prince Alfred College Incorporated v ADC [2016] HCA 37; and
  • the findings of the case.

We would be pleased to discuss any questions you may have with you.

For further information, please do not hesitate to contact us.

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