The NSW Court of Appeal has recently clarified the extent of a school’s duty of care during sporting activities. While risk is an inherent part of sport, schools remain responsible for taking reasonable precautions to prevent injury. This session explores the practical implications of the 16 June 2025 decision and what schools must now consider to meet their legal obligations.
Tuesday, 28 October 2025
Description
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair:
Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar
1.00pm to 2.00pm What is the Scope of a School's Duty of Care During Sporting Events?
- On 16 June 2025, the NSW Court of Appeal provided clarity with respect to the duty of care owed by schools during sporting events.
- Although some degree of risk is inherent in sporting events, the court has made it clear that schools have a duty to take reasonable steps to prevent harm from occurring.
- We will examine what this means for schools on a practical level in light of this court of appeal decision.
Presented by Kristen Lopes, Partner - Employment and Safety Law, Colin Biggers & Paisley Lawyers
Presenters
Dr Steven Middleton, Associate Principal, St Margaret’s Berwick GrammarDr Steven Middleton is an accomplished educational leader with close to 30 years of experience across several leading Independent Schools. Holding a Doctorate in Education from The University of Melbourne, Dr Middleton has a profound commitment to enhancing student and staff well being, promoting academic excellence, and fostering community engagement. As Associate Principal at St Margaret’s Berwick Grammar, Dr Middleton has been instrumental in leading strategic initiatives that have significantly improved academic results and school culture. Dr Middleton’s leadership style is marked by strategic vision, educational innovation, and a genuine commitment to developing inclusive, supportive school environments. His extensive experience and research focus on leadership and character education make him a respected figure in the educational community. Dr Middleton has both a professional and personal interest in legal matters to pertaining to schools.
Kristen Lopes, Partner - Employment and Safety Law, Colin Biggers & Paisley Lawyers
Kristen Lopes is a partner in the Employment and Safety Team with in excess of 25 years' handling employment litigation in the courts and tribunals. Kristen regularly provides advice to independent schools, universities, TAFES and childcare centres in the state of NSW. Kristen advises on a broad range of matters including interpretation of enterprise agreements, modern award obligations, managing staff and student conduct issues and conducting investigations into staff and student complaints. Kristen regularly acts on behalf of independent schools in proceedings before the courts and tribunals in proceedings involving unfair dismissal applications, general protection claims, discrimination, bullying complaints and underpayment claims. Examples include: responding to a student disability discrimination complaint in the AHRC; defending an independent contractor vs employee claim in the Federal Court; defending general protection claims in the FCAFC arising from dismissals; and defending unfair dismissal and stop bullying applications in the FWC. Kristen also has extensive experience speaking at CBP's internal Education Spotlight seminar series, and external conferences including: School Law conferences, co-ordinated by Television Education Network, LawSense, Legalwise and ANZELA. In May 2010 Kristen received her master of laws degree with first class honours from the University of Sydney specialising in comparative employment law. She obtained the prize in advanced employment law in 2007 and was a finalist in the 2008 McCallum Medal Presentation competition where she presented on workplace bullying. Kristen was called to the bar in Ontario Canada in 1995 and practised employment law as a partner in one of Canada's leading law firms until she relocated to Australia. She was admitted as a solicitor in NSW in 2006.
This seminar is part of a series
School Law In Focus
Empower your leadership team by attending our School Law Webinar Series, crafted specifically for school leaders navigating today’s complex legal landscape. This engaging series offers practical guidance on key legal issues affecting school operations—from student and parent rights and parenting orders, to workplace investigations and procedures for return to work after injury. Gain practical strategies for assessing risk associated with school sport and consider the reasonable steps that you need to take to keep your students and your school safe. Led by top education law experts, each session delivers actionable insights to help principals make informed decisions and stay ahead of legal changes. Flexible online access ensures you can learn on your schedule while earning professional development credits. Make it easy & save by registering for the full series or just the sessions that interest you. Watch each session live online or as an on-demand recording.
Description
Teachers attending the entire series earn 5 Professional Development Hours (NSW, VIC) / CPD Points (QLD, WA, SA)
Lawyers attending the entire series earn 5 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
