Section 28C(2)(a) of the Wrongs Act 1958 (Vic) excludes Part VB where the acts concerned in the award of damages are sexual assault, even where the defendant's liability is based on negligence rather than the assault itself — the 'fault' need not be that of the defendant. A school's non-delegable duty of care extends to abuse that commences on school premises and continues off-premises where the off-premises abuse is causally connected to the breach of duty on the premises. In assessing the career trajectory impact of childhood sexual abuse, the court will have regard to the plaintiff's actual career progression, the influence of significant personal relationships, and the inherent imprecision in evaluating hypothetical career paths.
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