The High Court's judgement in Bird v DP has shaken up the institutional liability landscape.

This decision has significant implications for the scope of vicarious liability in Australia, particularly concerning religious institutions and their clergy. It clarifies that, absent a formal employment relationship, institutions cannot be held vicariously liable for the actions of individuals, such as priests, even if those actions occur within the context of their religious duties. However, the case also acknowledges the prospect of legislative reform and the almost inevitable sequel - the question of whether there is a non-delegable duty in such claims.

This presentation discusses this important judgement and explores its implications for institutional liability matters.