Garrett v Victorian WorkCover Authority [2022] VSC 623 and Schokman v CCIG Investments Pty Ltd [2022] QCA 38

Two recent decisions – with quite different outcomes – suggest the courts are still grappling with the difficult question of in what circumstances an employer should be found vicariously liable for the wrongful acts of an employee.

This area of law was clarified in the Prince Alfred College (PAC) decision regarding child abuse. However, there remains an open question about whether the ‘relevant approach’ used in PAC applies to civil litigation more broadly.

Partner Patrick Thompson and senior associate William Yeo explain the implications of these decisions, as well as an impending appeal to the High Court, for defendants and insurers.