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The challenge of obtaining pre-trial rulings on admissibility of evidence

In this recent Supreme Court of NSW application [Eastbury v  Genea Limited (formerly known as Sydney IVF Limited) [2017] NSWSC 1289], Dr Curtotti, the second defendant, sought orders concerning the admissibility and use of portions of an expert report served by Genea, in advance of the trial pursuant to s192A of the Evidence Act 1995.
  • 5 Oct 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.

A plantar wart or melanoma?

These Supreme Court of NSW proceedings relate to an alleged failure to diagnose a melanoma on the sole of the foot while the patient received treatment for a plantar wart.
  • 14 Nov 2016


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


Patient fails in appeal dealing with failure to warn

A recent decision of the NSW Court of Appeal considered issues in relation to a doctor’s duty to warn patients of risks associated with treatment.
  • 22 Aug 2016


Supreme Court of NSW to consider/deliver a baby with the knowledge of death.

On application by a Local Health District, the Supreme Court of NSW was recently required to consider whether orders should be made to deliver a baby with the knowledge that such action would likely result in the death of the baby. 
  • 24 May 2016


Pharmacist breached numerous provisions of the Poisons and Therapeutic Goods Legislation

A pharmacist recently sought an injunction from the Equity Division of the Supreme Court of NSW preventing the Pharmacy Council of NSW (the Council) from suspending his registration or placing conditions on his registration as an interim measure pending a final determination by the Council of the action that they would take in response to an investigation report from the Pharmaceutical Services Unit (PSU). 
  • 27 Jan 2016

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