Tuesday, 28 October 2025
Vicarious Liability and Duty of Care Issues for Historical Abuse Claims
- Case study of Bird v DP [2024] HCA 41; 98 ALJR 1349
- Case study of AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle
- Update on legislative reform in light of Bird v DP
Presented by Luke Geary, Partner, Mills Oakley; Recognised Lawyer, Non-Profit/Charities Law, The Best Lawyers Australia
Chair
Kate Stowell, Barrister, Svenson Barristers
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Presenters
Luke Geary, Partner, Mills OakleyLuke has a particular expertise assisting institutions in responding to claims of child sexual abuse under a restorative justice framework and in accordance with best practice principles identified by the Royal Commission into Institutional Responses to Child Sexual Abuse. In this regard, Luke appeared as a legal advisor in a number of public hearings before the Royal Commission, he participated in many of the Royal Commission’s roundtables (both public and private) for the development of policy positions and has appeared before the Australian Senate Committee and worked with the Commonwealth Redress Taskforce in its design of the National Redress Bill (which is anticipated to provide assistance in justice outcomes for approximately 60,000 Australians). Luke is regularly briefed by major institutions in the most sensitive and significant common law abuse claims and assists in their delicate resolution in a trauma-informed way. Additionally, Luke acts for survivors of abuse in claims against State government institutions, assisting them to obtain either common law or redress justice outcomes compassionately and giving them assistance in finding healing in their lives. Luke was named one of Australia’s Best Lawyers for Non-Profit/Charities Law in the 2023/2024 Best Lawyers list for the eighth consecutive year, including in both 2020/2021 and 2023/2024 being named as Australia’s Non-Profit/Charities ‘Lawyer of the Year’.
Kate Stowell, Barrister, Svenson Barristers
Kate Stowell practises in common law, administrative law and family law. Kate has a significant practice in institutional abuse compensation, particularly matters involving child sexual abuse in State-run, religious and non-government institutions, including private schools and sporting organisations. In 2023, Kate was appointed by the Premier of Victoria as Junior Counsel Assisting the Board of Inquiry into historical child sexual abuse in Beaumaris Primary School and certain other government schools. In 2015, Kate represented survivors who gave evidence to the Royal Commission into Institutional Responses to Child Sexual Abuse. Kate's administrative law practice focuses on the National Disability Insurance Scheme (NDIS) and review proceedings. Her family law practice includes intervention orders, parenting matters and child protection cases.