00:00It's been a five-year fight, but the man at the heart of the case has now discovered there's
00:07no legal remedy for his abuse by a priest at the age of five.
00:12The man's lawyers say the High Court ruling that vicarious liability only applies in an
00:18employment relationship has left no-one accountable.
00:22It's disheartening that other organisations, not just the Catholic Church, will now attempt
00:27to avoid liability in relation to abuse perpetrated by non-employees.
00:35Many churches do employ their clergy, but Catholic priests are not employees.
00:40Instead, they're holders of religious office.
00:43Their relationship to the church is primarily spiritual, meaning the church is not subject
00:48to vicarious liability under current laws.
00:52This is someone who is doing the work of the bishop and the diocese, and in those
00:58circumstances why shouldn't there be vicarious liability, and why should the church escape
01:06responsibility on a highly technical argument?
01:10Andrew Morrison says internationally, courts have recognised a broader approach to vicarious
01:16liability in relationships akin to employment.
01:20The very tough line that's taken just doesn't seem to accord with justice or reality.
01:28The High Court may have drawn its line in the sand, but lawyers are wasting no time
01:33in drawing up plans to lobby for changes across Australia so that vicarious liability can
01:40apply in arrangements akin to employment.
01:44That includes a plan by the lawyers who ran the High Court action for a law named after
01:49their client.
01:50We are working on a suite of proposals to this effect to be called DP's Law.
01:55The fight will now turn from the High Court to state and territory parliaments.
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