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Procedural Fairness: What you plead v The “But I wanted to say something else” Excuse

Procedural fairness requires a court or tribunal to give each party an equal say. However, the New South Wales Civil and Administrative Tribunal Appeal Panel’s (‘Appeal Panel’) recent decision has taken an expansive view of what justice requires to allow a party to adequately plead its case. The Appeal Panel decided that a tribunal cannot give judgment in a matter if they could have reasonably expected a party to make further submissions.
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NSW Court of Appeal decision affects a practitioner’s rights to seek a stay from NCAT

Yesterday the Court of Appeal handed down a decision (Medical Council of NSW v Lee [2017] NSWCA 282) which will limit a practitioner’s rights to seek a stay of any suspension decision made by their relevant registering Council pursuant to s150 of the National Law.
  • 7 Nov 2017

Blog

Dementia and beyond

The phone rings and you pick it up. It’s your father, and he tells you the same cat story for the 10th time this week. In fact, you’re not even sure if the cat story happened this week, or last month, or last year or…  Your father is displaying signs of memory loss and dementia.
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LHD gained unauthorised access to the applicants’ health information

In this case the applicants alleged that the Local Health District (LHD) had breached their privacy when an employee of the LHD gained unauthorised access to the applicants’ health information.

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