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When work and health assessments collide

An employee of an area health service in Queensland recently sought the court’s leave to appeal a decision in which he failed to establish that blood and urine samples collected from him without his consent causing a psychiatric injury. 
  • 9 Oct 2017


Limitation issues in mental harm claims

Whilst not a medical negligence case, this interlocutory decision of the Supreme Court of NSW (Odell v State of New South Wales [2017] NSWSC 643)  provides some important reminders in relation to limitation issues in mental harm claims.
  • 29 May 2017


Failure to abandon surgery results in damages of $3.8M

In a recent Supreme Court of NSW decision, the plaintiff was successful in his claim against an orthopaedic surgeon an anaesthetist in relation to paraplegia suffered during surgery to correct a spinal deformity. The plaintiff was awarded a sum in excess of $3.8M plus legal costs.
  • 19 May 2017


Insta-served: Service by social media

Any originating process (eg Statement of Claim or Summons) filed in the Supreme Court must be personally served. In order to effect personal service on a person,  a copy of the originating process must be left with the person, or if the person does not accept the copy, can be put down in the person’s presence and by telling the person  the nature of the document.

Abandonment of employment – some best practice tips

We are regularly asked to advise employers in relation to whether certain circumstances amount to abandonment of employment and, if so, what are the employer’s rights and obligations.
  • 1 Mar 2017


Attempted murder in the workplace but no duty

Whilst this recent Court of Appeal decision (Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21) is not a medical negligence claim, it highlights the importance of considering whether a duty of care is owed in nervous shock or mental harm cases. It is our experience that mental harm claims arising from medical treatment are increasing in frequency and quantum.
  • 27 Feb 2017


Psychiatric injuries and expedited hearings

A recent decision of the Supreme Court of NSW considered whether the interest of justice were served by a change of venue for the hearing and expedition of the hearing date.
  • 26 Aug 2016


Misrepresentation Regarding Ownership of Insured Property

Gonzales & Barrett v The Hollard Insurance Company Pty Ltd [2016] NSWLC 9

A claim by a Gynaecologist and Obstetrician against a Private Hospital

This Supreme Court decision relates to a claim by a Gynaecologist and Obstetrician against a private hospital for contribution to damages arising out of the death of a patient following an elective hysterectomy.

Why domestic violence is every employer’s business

In Australia, one woman is killed by her partner every week. Between 1 July 2008 and 30 June 2010, 116 women and 75 men were killed by an offender with whom they shared a domestic relationship. These statistics are alarming!
  • 9 Jun 2016


Patient says that the Practitioner had an affair with his wife

The appellant in this matter was suspended from practising as a registered health practitioner for a period of four months from 7 December 2015. 
  • 25 Feb 2016


Child ran over and seriously injured by family’s ride-on mower

The Court of Appeal of Western Australia has weathered a storm of creative arguments to hold that “normally living” at a residence, within the meaning of an exclusion clause (in home insurance liability cover), is not an ‘act’ within the meaning, or attracting the operation, of section 54(1) of the Insurance Contracts Act 1984 (Cth)(ICA).

What is a “reasonable search”?

Watson v NSW Trustee and Guardian (No.2) reaffirms the general principle that the failure of an agency to identify all documents in response to an application for access to information does not indicate that the searches were not reasonable.

Psychology practitioner denied allegations that she had an inappropriate sexual relationship

In this recent disciplinary proceedings the psychology practitioner denied allegations that she had an inappropriate sexual relationship with a client who she saw for 3 sessions in 1992. 
  • 17 Feb 2016


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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