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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

What is the product of a product definition?

A recent decision of the Supreme Court of Queensland restricts the definition of “product” in a liability policy.

Deconstructed construction

There have been many cases on how to interpret insurance policies. The principles of policy interpretation are reasonably succinctly stated but it is their application and their interaction which can be difficult.

Practitioners having personal or sexual relationships with those close to a patient is considered to be a boundary violation

A recent Tribunal decision provides a reminder for practitioners that having personal and sexual relationships with those close to a patient is considered to be as much a boundary violation as having such relationships with patients.
  • 26 Feb 2016

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.

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

Appeal lodged by a patient concerning a community treatment order

On 3 December 2015 we reported on a Court of Appeal decision in relation to an appeal lodged by a patient concerning a community treatment order (CTO).
  • 20 Jan 2016

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