Church granted special leave to appeal Victorian judgment that Ballarat diocese was vicariously liable for abuse of five-year-old child known as DP
A priest offering communion. The Catholic church has been granted special leave to appeal a Victorian court ruling regarding a paedophile priest.A priest offering communion. The Catholic church has been granted special leave to appeal a Victorian court ruling regarding a paedophile priest.The Catholic church has won the right to challenge in the high court a landmark Victorian ruling forcing it to take on greater liability for the actions of paedophile priests within its ranks.
“In a real and relevant sense, Coffey was the servant of the diocese, notwithstanding that he was not, in a strict legal sense, an employee of it,” the court ruled. “Many of the indicia of that relationship are analogous to an employment one, save that there was no contract of employment. It is our submission that because of those circumstances, while there is lurking an important area of law for consideration, that this is not an appropriate vehicle for that to occur.”
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