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The stars align. Penalties for ACL breaches to match those for anti-competitive conduct.

In 2015 Consumer Affairs Australia and New Zealand (CAANZ) undertook a review of the Australian Consumer Law (ACL).
Firm News

Game-changer as construction experts join Hicksons

Leading independent legal and business advisory firm, Hicksons, appointment of construction and property development Partner, Chi Chau, and Senior Associate, Amelia Williams, strengthens Hicksons’ property, planning and construction team.

Anaphylaxis and malignant hyperthermia - what was the cause of death?

The Victorian Coroner was recently required to consider whether the death of a child was due to an anaphylactic reaction suffered whilst an in-patient or whether the death arose due to the management of the anaphylaxis.

When is enough enough? - anaesthetist's appeal fails

In our blog on 19 May 2018 we reported on a decision in which an orthopaedic surgeon and anaesthetist were both found negligent for failing to abandon surgery prior to the plaintiff suffering paraplegia.  
Firm News

Creation of the Robert Horton Memorial Scholarship

Hicksons is honoured to announce the creation of the Robert Horton Memorial Scholarship.

Gold and Good faith – County Court rejects an insurer’s denial of claim on the basis of fraud

The County Court of Victoria recently considered a case involving a range of insurance issues, including what is required to substantiate a claim, the duty of utmost good faith, fraud and the application of s54 of the Insurance Contracts Act 1984 (Cth) (“ICA”).

Legislative amendments affecting the health sector

On 14 February 2018 the Health Legislation Amendment Bill 2018 ( was passed by both House of Parliament.

When technology fails

There has been reporting in the mainstream media this week of Monday’s IT failure which led to approximately 1200 doctors sitting their basic training exam with the Royal Australian College of Physicians being shut down due to a technical fault.

Ensuring Competition for Consumers; a Burden for Insurers?

The Productivity Commission released its draft “Competition in the Australian Financial System” report on 7 February 2018, with the driving message being that financial service providers, including general insurers, ought to be engaging in more competitive behaviour.

Hicksons Partner, Sarah Jones, featured in Australian Mining discussing drug and alcohol testing and policies

Sarah Jones of Hicksons Lawyers discusses a recent case citing the importance of a transparent drug and alcohol policy, as well as the importance of sticking to it.

Clinical Trial approval where potential participants lack the capacity to consent

The Clinical Manager of a Hospital, applied to The NSW Civil and Administrative Tribunal for approval to conduct a clinical trial, a double-blind, randomized, placebo-controlled study to investigate the efficacy and safety of cannabidiol (CBD) which is an add-on therapy in the treatment of tuberous sclerosis complex (TSC) (GWP42003-P Trial) [2017] NSWCATGD 30. 

Is your expert actually an expert?

In a recent WA case the plaintiff alleged that the Hospital breached its duty of care to her by failing to recognise that she was suffering from evolving and detectable sepsis, and to commence antibiotic treatment in a timely manner. The Court was only asked to make a finding as to liability.

Reducing suicide and deliberate self-harm in mental health in patient units

Recommendations have been made in the coronial jurisdiction following an inquest into the death of a patient in a declared mental health inpatient unit.

Medical manslaughter - The Australian Experience

Medical manslaughter has come into the spotlight in the last week following the recent decision in England to deregister a medical practitioner after she was found guilty of manslaughter in 2015.

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